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To Forget, But Not Forgive: Why the CJEU’s Latest Ruling on Google and the ‘Right to Be Forgotten’ is Not at All a Win for US Tech Giants

Published on November 29, 2019        Author: 

 

Google has recently triumphed in the fight against a worldwide application of the European “right to be forgotten” following the European Court of Justice’s ruling that Google does not have to take down search results revealing sensitive personal information of EU citizens worldwide, rejecting demands by the French Data Protection Authority. The long anticipated judgment by Europe’s top Court in Google v CNIL, delivered on 24th September 2019, was a test of the ‘right to be forgotten’, which allows EU citizens to request, among other things, the removal of search engine results that reveal their personal information. This right is now explicitly recognised in Article 17 of the influential EU’s General Data Protection Regulation (GDPR).

The ruling has been welcomed by US tech giants as an iconic curb of what they see as a ‘European overreach’- extension of its laws beyond borders.  However, not many have noticed that the Court intentionally left a glaring loophole – an opportunity for EU countries to force worldwide de-listing if they deem so fit. In other words, EU countries could still compel Google to de-list beyond Europe, and this decision comes as no surprise in light of the broader context of EU’s pushback against US tech giants.

In the wake of Edward Snowden’s 2013 mass-surveillance revelations about US spying on ordinary citizens and world leaders alike, Europe’s top Court demonstrated leadership by taking a hard line stance on the enforcement of data privacy law, even against other EU bodies. Although many have perceived the latest judgment as a restraint on the Court’s expansive interpretation of EU law, the CJEU  has in fact continued its hard line data privacy crusade with this judgment, which has significant implications for data privacy law, US tech companies, and Internet users. Read the rest of this entry…