Right to be Forgotten is not so simple in Canada

On a recent trip to Toronto, I read an op-ed in the Globe and Mail outlaying the concerns associated with implementing the right to be forgotten in Canada. The author, a law faculty member at the University of Ottawa, expressed legal concerns as well as the challenge of finding a balance between “privacy protections with the benefits of the internet for access to information and freedom of expression.”

As context, the right to be forgotten was established in Europe in 2014 and allows individuals to request the removal of search results that are “inadequate, irrelevant or no longer relevant.” At the surface, this seems logical and a core right to privacy. However, if you delve just a bit deeper into the issue, you’ll quickly come to realize it’s not so simple.

The author outlines three main concerns: 1) doubts about the applicability of de-indexing under the existing privacy law, 2) micromanagement of search engine activity and increased editorial power of search engines, and 3) technological feasibility of geo-identification and blocking.

Our online or digital reputation is important to be able to control and maintain the right to privacy, however it should not be at the expense of access to information through search engines. Censoring or curating search results and giving editorial power to search engines like Google and Yahoo is a slippery slope. Perhaps there is a way to tie in existing legal processes for defamation and libel suits and have the outcomes drive the right to be forgotten. This would ensure the claims are substantiated and does not give editorial power to search engines.

https://www.theglobeandmail.com/report-on-business/rob-commentary/why-a-canadian-right-to-be-forgotten-creates-more-problems-than-it-solves/article37757704/