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The Geographic Scope of “The Right To Be Forgotten”

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The Geographic Scope of “The Right To Be Forgotten”

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As early as 2014, the Court of Justice of the European Union (CJEU) has ruled that Google must comply with the request of E.U. citizens to remove certain search engine results reflecting past actions of the citizens, or the so-called “right to be forgotten.” One question that has remained unanswered is whether the “right to be forgotten” is limited to search results within the E.U. or if it extends to search results across the globe.

In a January, 2019 opinion, E.U. Advocate General Maciej Szpunar recommends to the CJEU that search engine de-referencing obligations are limited to the territory of the E.U. Szpunar opined that the “right to be forgotten” must be balanced against other fundamental rights, like the right to privacy and the right to data protection. Szpunar went on to state that, in the future, it may be appropriate to extend the “right to be forgotten” on a global scale, depending on the facts and circumstances of the particular request.

The Court of Justice of the European Union’s Press Release is available here. Contact us at Ossian Law P. C. regarding any information technology law matter.

© 2019 Ossian Law P.C.

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