Reply to post: Re: "[..] it is not the law globally"

Google to French data cops: Dot-com RTBF? Baiser ma DERRIERE

Pseu Donyme

Re: "[..] it is not the law globally"

>Well over on our side of 'The Pond ...

I think that there is a misunderstanding of what is being asked of Google here. Having read the ECJ decision at the time my impression was that as long as the search results are available within the EU the 'right to be forgotten' applies; it is immaterial through which domain the the search was made as long as the user is in the EU. Hence it seems Google could comply by always forcing the redirect from google.com to an EU site or by applying the EU filter to results from google.com when it knows that the search originates from the EU (as it does as it forwards to a national site by default). Of course, Google could also comply by applying the EU filter everywhere, but this is not its only option.

However, if Google were to display search results on EU persons outside EU, there might be an issue of having exported personal information from the EU in the sense of the data protection directive; to qualify for the 'safe harbor' exception making such export legal Google has contractually committed to apply the key principles of the EU data protection law to the information thus exported.

Also, I don't think this is free speech issue in the sense of the US (Constitution as that only limits what the US (or a state) government can do to prevent such speech (and the US (or a state) government is not involved).

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