Google LLC was handed a setback this month in a case over the so-called “right to be forgotten” when a Federal Court adjudicator ruled that it won’t delve into the thorny constitutional questions wrapped up in the matter.
In the European system, the offending websites aren’t taken down, but instead search engines are not allowed to index them in search results tied to the complainant’s name. The OPC asked the court to weigh in on two questions: First, whether Google’s search engine could be deemed under PIPEDA to “collect, use or disclose personal information in the course of commercial activities”; and second, whether Google is exempt from the discussion on the grounds that it “involves the collection, use or disclosure of personal information for journalistic, artistic or literary purpose.
But in an April 16 ruling by prothonotary Mireille Tabib — a prothonotary is a court official with many of the powers of a judge, who can deal with case management, procedural matters and some trials — the Federal Court dismissed Google’s challenge.
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