This right, a function of an ECJ ruling from May 2014, requires the search engine to remove links to pages that “appear to be inadequate, irrelevant or no longer relevant or excessive … in the light of the time that had elapsed.” Even accurate data which was initially legally published can be removed, the court said, since it can “in the course of time become incompatible with the directive”.
So the French data-protection regulator, CNIL, has consistently fought Google’s attempts to limit the extent of the right, first to just Google.fr and other European Google domains, and then to any Google user based in Europe.
We look forward to making our case at the European Court of Justice.” Over the course of its fight with France, Google has been racking up the bills: a November 2014 ruling from a Parisian court over the same issue threatened the company with daily €1,000 fines if it didn’t comply, while CNIL landed Google with a €100,000 fine in July 2015 for failing to comply with its own ruling.
That court has now passed the key questions to the ECJ, which first created the right to be forgotten.
In June, Canada’s Supreme Court ruled that Canadian courts do indeed have the right to force Google to remove links globally.