Saturday, January 28, 2023

You can now ask Google to remove search results about you if they are false

The right to be forgotten reached a new milestone, after Europe extended it to false information. The Court of Justice of the European Union (CJEU) ruled that search engines must remove results if they contain “manifestly inaccurate” information. That means you can ask Google to remove posts with false information about you, as long as you can verify it.

The decision comes after a case where two investors asked Google to remove some results with false information from the search. Those affected mentioned thatArticles criticized their investment model using inaccurate claims. Similarly, they requested that their photos be removed from image search results.

Upon request, Google refused to delete the entries arguing that he did not know if the information was accurate. The affected went to the German Court of Justice to resolve the case, who in turn asked the CJEU for support. The latter determined that search engines must remove content when a part is found to be inaccurate.

If someone posts false information about you and it shows up in search results, you can ask to have it removed.

To get Google to remove a false entry about you, you must follow a series of previous steps. The Court establishes that those affected must prove the manifest inaccuracy of the information or a part of it. For their part, companies will not be obliged to investigate the veracity of the content to determine if the requests are founded.

When the person who has made a request for dereferencing presents relevant and sufficient evidence that can substantiate his request and establish the manifest inaccuracy of the information found in the referenced content, the search engine operator is obliged to comply with that request.

In the event that the inaccuracy of the information is not verifiable, Google may ignore the request. To prevent search companies from omitting right to be forgotten requests, the Court of Justice established some guidelines. If the search provider refuses, the applicant may escalate the request before a judicial authority. This was what the two affected people who work as investors did.

Google |  Right to be forgotten |  Fake news |  fake news

The CJEU determined that the use of photographs in the results constitutes an interference in the rights of people to private life and their personal data. However, the operators must determine if the images are necessary to exercise the right to freedom of information of Internet users.

In today’s ruling, the Court points out that the right to the protection of personal data is not an absolute right, but must be considered in relation to their role in society and weighed against other fundamental rights, in accordance with the principle of proportionality. In this sense, the general data protection regulations expressly provide that the right of deletion is excluded when the treatment is necessary for the exercise of the right, in particular, to information.

The Court of Justice determined that the rights to protect private life and personal data prevail over the legitimate interest that may exist in accessing the information. Although the decision is important, there are still some chiaroscuros, especially when it comes to parodies or false content created in order to entertain, such as The onion, Hard Drive either The Deform.

Google stated that they accept the decision and will study the text published by the CJEU. “The links and thumbnails in question are no longer available via web search and image search; the content in question has been offline for a long time,” a spokesperson told Political.


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