The Ruling of Google Spain Case: The Right to Be Forgottenn or The Right to Censorshipp?

Abstract

Search engines play a vital role in the information society; they enable a worldwide public to seek, receive and impart information, ideas and other content to acquire knowledge, engage in debate and participate in democratic processes. With a high public service value in facilitating access to information, search engines’ activities also have an impact on the right to private life and the protection of personal data hence they pose a risk to privacy, which may lead to discrimination, stigmatization, and even exclusion. However, erasing embarrassing uploads or undesirable publications is not impossible anymore, following the ruling of Google Spain case which sets a strong precedent on the imminence of ‘the right to be forgotten’. Individual can invoke the right under Article 12 of the Directive 95/46/EC Of The European Parliament And Of The Council (the ‘Directive’) to ask search engines to remove links with personal information about them where the particular information is inaccurate, inadequate, irrelevant or excessive. However, the ruling of Google Spain case may imply unintended consequences. Does the exercise of the right to be forgotten too broad and lead to censorship? Do the criteria of ‘inaccurate, inadequate, irrelevant or excessive’ can, or will be appropriately interpreted by the search engines? Does it give any justice that the balancing between right to privacy and right to seek and impart information carried out by the search engines, listing and de-listing search result indexes?