Friday, March 25, 2016

Right to oblivion, Google does not respect the rules: fine from France – PianetaCellulare.it

The French authorities in charge of data protection has announced that it had fined Google for a sum of 100,000 Euros for not removing the worldwide search results links as requested by users who want to exercise their ‘ oblivion ‘right.

did you think the topic’ oblivion ‘law been shelved after they have been almost two years since the European Court of Justice ruling that imposed to the search engines – what Google in the first place – to allow users to request the removal of links “inadequate or no longer relevant” that include a specific reference to their person? No, here we are talking about it again.

The CNIL, the French National Commission for Information Technology and Freedom, said he condemned Alphabet (Google him last year became Alphabet) because the search engine It violated the formal order last year that required the application of oblivion to “right all the domain names” of the search engine, globally (eg Google.com) and not only in the engine versions research with the European extensions (such as Google.fr).

you should know that when users ask for the removal of a page from the search engine results, we take as an example that of Google, and the company agrees to eliminate the page, this will only be eliminated in the country’s version of where the request is received, or at most in all European extensions, and not on all versions that are available globally (one in each country). In June 2015, the French Government, through a formal request sent to Google by the CNIL (Commission Nationale de l’Informatique et des Libertés), requested that the effects of the page from a search engine deletions are extended to all versions of the portal, and then, taking Google as an example, the removal must apply to google.it, google.fr, google.co.uk, google.com, google.de and so on.

Google at the end of July 2015 responded to France, explaining that the right to be forgotten is the European law, not the world, so its implementation will remain within the EU borders . Google has therefore called on the French guarantor for privacy (CNIL) to withdraw the letter of formal notice ordered the Mountain View company to remove links to all versions of the search engine, not just those in Europe.

the CNIL Google responded sentenced to pay a fine of one hundred thousand euro.

in November of 2014 the regulators of privacy in Europe have called for the “right judgment oblivion “is applied all over the world. The European Union in May 2014 decided that people have the right to request that their names be excluded from the results of web searches in Europe, if the results are deemed obsolete or irrelevant. So far, about half a million requests were made, in which he was asked to remove any type of web page, including news articles, from the Google search results.

Google, the bigger engine research in Europe, has applied only judgment for local versions of the site – as google.fr google.de in France or in Germany or in Italy google.it – ​​but not Google.com. The EU wants to change that.

The body representing the 28 EU privacy regulators said in a year-end press conference that the judgment should be applied to all Google domains. “All extensions should be included, including .com” , said Isabelle Falque-Pierrotin, head of the management of privacy in France, as written by Bloomberg .

… the cancellation decisions should be implemented in such a way that they ensure the effective and full protection of the rights of the parties and that Community law is not circumvented. In this sense, the limitation of the cancellation only to EU domains based on the fact that users tend to access the search engine via their national domains can not be considered a sufficient means to ensure the satisfaction of the rights of a person according to the judgment . In practice, this means that each case should also be effective cancellation of all relevant .com domains.

The new guidelines emphasize a debate that Google has had with regulators in Europe on how you should carry out the sentence on the “right to be forgotten”. For example, Falque-Pierrotin also criticized the practice of Google to notify the news agencies of the company’s decisions to exclude links – that often brings into the spotlight the names of the persons who requested the removal.

the European Union has under the Google magnifying glass also on the business side. Also in 2014, the European Parliament said that Google should divide the search engine of the Internet giant from the rest of its services.

A Google spokesman spoke on the request of France, explaining that: “ We have been working hard to find the right balance in implementing the provisions of the judgment of the European Court of Justice, working closely contact with the competition authorities for data protection. The judgment is focused on services for European users and this is the approach that we are following in the

In a post written by Peter Fleischer, Senior Policy Counsel, Google, the company explains that “if the CNIL approach was accepted as a standard for the Internet regulation, we would be in a downward stroke mechanism: the most restrictive country dictate the extent of internet freedom for all. We believe that no single country should have the authority to control which content can be accessed in another country. “

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