Consultation on "Right to Be Forgotten" Under Canadian Privacy Law

Document type
Proposed Law
Country

The Privacy Commissioner of Canada has released a draft report, proposing that Canada's existing law be interpreted in line with the Court of Justice of the European Union's Google Spain case. The draft report concludes that the Personal Information Protection and Electronic Documents Act (PIPEDA) establishes a right for individuals to require search engines to de-index results from search results for that person’s name if they link to information that is inaccurate, incomplete, or outdated. Search engines are to remove or demote search results identified by such individuals if appropriate, and the individuals may lodge complaints with the Commissioner for non-compliance. 

The proposal would be explicitly limited in geographic scope. It would require search engines to use geo-blocking to limit Canadians' access to the results.

The report arises from a 2016 consultation, and the Commission will accept additional comments until April 19, 2018.

 

Country
Year
2018
Topic, claim, or defense
Privacy or Data Protection
Right to Be Forgotten
Document type
Proposed Law
Issuing entity
Administrative Authority
Type of service provider
Search Engine or Index
Issues addressed
Trigger for OSP obligations
Limitation on Scope of Compliance (Geographic, Temporal, etc.)
OSP obligation considered
Block or Remove
Type of liability
Primary
Type of law
Civil
Administrative
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Administrative Request