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            Google Vindicated By EU Court Opinion on Search Results

   by Reuters

   Google must respect EU privacy law but is not obliged to delete
   sensitive information from its search index, an adviser to the highest
   European Union court said, in a case that tests whether people can have
   harmful content erased from the Web.

   The adviser backed the Internet search giant's position that it cannot
   erase legal content from the internet even if it is harmful to an
   individual. But he rejected the view of many U.S. internet firms that
   they are not bound by EU privacy law.

   "Requesting search engine service providers to suppress legitimate and
   legal information that has entered the public domain would entail an
   interference with the freedom of expression," the Luxembourg-based
   court said in a statement setting out Advocate General Niilo
   Jaaskinen's opinion.

   While Internet-based firms operating in the European Union must adhere
   to national data protection laws, that did not oblige them to remove
   personal content produced by third parties, the statement said.

   "Search engine service providers are not responsible, on the basis of
   the [EU's] Data Protection Directive, for personal data appearing on
   web pages they process."

   Lawyers agree that Google's search algorithms, which hunt and list
   weblinks based on how relevant they may be, would not be in a position
   to "know" whether data was personal or not.

   "A search engine is just a tool," said Eduardo Ustaran, a London-based
   lawyer from Field Fisher Waterhouse. "The nature of that information is
   irrelevant. It is just ones and zeros."

   A final judgment on the case is expected before the end of the year.
   Judges in the European Court of Justice are not bound by an advocate
   general's opinion, but follow such recommendations in the majority of
   cases.

   The case stems from a complaint by a Spanish man that a public notice
   announcing that his home was up for auction after being repossessed
   infringed his privacy and should be deleted from Google's search
   results.

   His case is one of 180 similar examples in Spain in which people have
   sought to have content deleted from Google searches. The other cases
   are on hold pending the EU court's decision.

   The original auction announcement was from a Spanish newspaper, which
   said it was under a legal obligation to publish the notice.

   Google welcomed the advocate general's opinion, saying it supported the
   company's view that deleting such content amounted to censorship.

   "This is a good opinion for free expression," said Bill Echikson,
   Google's head of free expression in Europe, the Middle East and Africa,
   in an emailed statement.
   The advertising business

   But Internet companies may be disappointed at the opinion that they
   should follow EU privacy law even if the data is handled outside the
   European Union. Many internet firms maintain that handling data outside
   the 27-member bloc means they are not subject to EU privacy law.

   The advocate general said that even the presence of an advertisings
   business, which is fundamental to the model of companies such as Google
   and which targets people in Spain, means they must follow EU law. If
   that view is upheld by the ECJ, it could put search firms under more
   pressure to protect the data of privacy-hungry Europeans.

   EU to overhaul protection law

   The European Union is finalizing a major overhaul of its 20-year-old
   data protection law that would make Internet companies follow EU rules
   if their services target European consumers.

   The overhaul is part of a push for increased data privacy in Europe,
   which has gained urgency after revelation of a large-scale U.S.
   Internet spying program targeted at foreigners.

   Google also faces fines in both Spain and France if it does not change
   its privacy policy, which allows it to collect and combine personal
   data across its services such as email and Youtube. Privacy watchdogs
   in several other countries are also assessing Google's services under
   their national rules.

   The EU overhaul is also intended to give citizens "a right to be
   forgotten" even though it is not yet clear in what circumstances that
   right could be invoked. The advocate general said such a right does not
   exist in current legislation.
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   [1]http://www.voanews.com/content/google-vindicated-by-eu-court-opinion
   -on-search-results/1688832.html

References

   1. http://www.voanews.com/content/google-vindicated-by-eu-court-opinion-on-search-results/1688832.html