November 21, 2024

Recommendation to European Court Favors Google in Privacy Battle

An expert opinion requested by the European Court of Justice, which is based in Luxembourg, recommended that Google not be forced to expunge all links to a 15-year-old legal notice published in a Barcelona newspaper documenting a Spanish man’s failure to pay back taxes.

The recommendation of the court’s advocate general, Niilo Jääskinen, who acted as an official fact-finder for the panel, could inform the debate in the European Union’s Parliament over updating Europe’s 1995 data protection law, which was adopted at the dawn of the Internet broadband era. A proposal before the European Parliament and the Council of Ministers, the European Union’s upper chamber, would give residents of the 27-nation bloc broader control over the display of personal information, including the digital “right to be forgotten.”

Mr. Jääskinen concluded that Spain’s ability to enforce the 1995 European law within its borders gave it jurisdiction over Google, which operates a local advertising business aimed at Spanish citizens. But, he concluded, because Google merely aggregated existing information on the Web and was not a “controller” of information, it was not the legal entity that must comply with the provision of the law in question.

In addition, Mr. Jääskinen said Europe’s 1995 data protection law guaranteed a right to be forgotten only in cases where information was incomplete or inaccurate, which was not at issue in the Spanish case.

Wishing to eliminate embarrassing information is not reason enough to redact public records via Google, the court-appointed expert concluded.

The 1995 law, the court recommendation said, “does not entitle a person to restrict or terminate dissemination of personal data that he considers to be harmful or contrary to his interests.

The case before the European court involved a Spaniard, Mario Costeja, who wanted Google to eliminate all links to a 1998 legal notice in a Barcelona newspaper, La Vanguardia, with details of a government auction of his property for failure to pay back taxes. One of Spain’s top courts in Madrid, the Audienca Nacional, asked the European court last year for guidance on how to apply the 1995 law.

Expert recommendations like the one announced Tuesday are followed by the Court of Justice court tribunal in about three-quarters of cases. The court is expected to make its official ruling, which would give guidance to the Spanish high court, later this year.

Bill Echikson, who oversees Google’s freedom-of-expression activities in Europe, the Middle East and Africa, welcomed the advocate general’s recommendation.

“This is a good opinion for free expression,” Mr. Echikson said. “We’re glad to see it supports our long-held view that requiring search engines to suppress ‘legitimate and legal information’ would amount to censorship.”

Javier Aparicio, a privacy lawyer with the Madrid firm of Cuatrecasas Goncalves Pereira, said the court’s recommendation would compel the Spanish data regulator, the Agencia Española de Protección de Datos, to end its practice of attempting to force Google to redact its own search results to suit the desires of Spanish citizens.

The Spanish regulator, in a statement, said it noted the advocate general’s opinion, but declined to comment on the recommendations ahead of the European court’s decision later this year.

The regulator said its policy of requesting deletions on behalf of Spanish citizens was not an attempt to squelch free expression or alter the historic record. Deletions were only requested of Google in cases where information was “obsolete, lacked any relevance or public interest, and where widespread dissemination would lead to the harm of the applicant,” the statement said.

Article source: http://www.nytimes.com/2013/06/26/business/global/european-court-opinion-favors-google-in-privacy-battle.html?partner=rss&emc=rss

On Its Own, Europe Backs Web Privacy Fights

Among them was a victim of domestic violence who discovered that her address could easily be found through Google. Another, well into middle age now, thought it was unfair that a few computer key strokes could unearth an account of her arrest in her college days.

They might not have received much of a hearing in the United States, where Google is based. But here, as elsewhere in Europe, an idea has taken hold —individuals should have a “right to be forgotten” on the Web.

Spain’s government is now championing this cause. It has ordered Google to stop indexing information about 90 citizens who filed formal complaints with its Data Protection Agency. The case is now in court and being watched closely across Europe for how it might affect the control citizens will have over information they posted, or which was posted about them, on the Web.

Whatever the ruling in the Spanish case, the European Union is also expected to weigh in with new “right to be forgotten” regulations this fall. Viviane Reding, the European Union’s justice commissioner, has offered few details of what she has in mind. But she has made clear she is determined to give privacy watchdogs greater power.

“I cannot accept that individuals have no say over their data once it has been launched into cyberspace,” she said last month. She said she had heard the argument that more control was impossible, and that Europeans should “get over it.”

But, Ms. Reding said, “I don’t agree.”

On this issue, experts say, Europe and the United States have largely parted company.

“What you really have here is a trans-Atlantic clash,” said Franz Werro, who was born and raised in Switzerland and is now a law professor at Georgetown University. “The two cultures really aren’t going in the same direction when it comes to privacy rights. “

For instance, in the United States, Mr. Werro said, courts have consistently found that the right to publish the truth about someone’s past supersedes any right to privacy. Europeans, he said, see things differently: “In Europe you don’t have the right to say anything about anybody, even if it is true.”

Mr. Werro says Europe sees the need to balance freedom of speech and the right to know against a person’s right to privacy or dignity, concepts often enshrined in European laws. The European perspective was shaped by the way information was collected and used against individuals under dictators like Franco and Hitler and under Communism. Government agencies routinely compiled dossiers on citizens as a means of control.

Court cases over these issues have popped up in many corners of Europe.

In Germany, for instance, Wolfgang Werlé and Manfred Lauber, who became infamous for killing a German actor in 1990, are suing Wikipedia to drop the entry about them. German privacy laws allow suppression of criminal identities in news accounts once people have paid their debt to society. The lawyer for the two killers argues that criminals have a right to privacy too, and a right to be left alone.

Google has also faced suits in several countries, including Germany, Switzerland and the Czech Republic, over its efforts to collect street-by-street photographs for its Street View feature. In Germany, where courts found that Street View was legal, Google allowed individuals and businesses to opt out, and about 250,000 have.

The issue, however, has had no traction in the United States, where anyone has the right to take pictures of anything in plain sight from the street.

Google declined to discuss the Spanish cases, instead issuing a statement saying that requiring search engines to ignore some data “would have a profound chilling effect on free expression without protecting people’s privacy.”

Rachel Chaundler contributed reporting.

Article source: http://feeds.nytimes.com/click.phdo?i=a1205114951fcadc930ddca1806dfb8f