“In the first ‘right to be forgotten’ case to reach England’s High Court, two men are fighting to keep their past crimes out of Google’s search results, and the tech giant is fighting back by claiming it’s ‘journalistic.'” Chava Gourarie reports via Columbia Journalism Review: The case, which is actually two nearly identical cases, involves two businessmen who were both convicted of white-collar crimes in the ’90s, and requested that Google delist several URLs referencing their convictions, including news articles. When Google denied their requests, they sued under a 2014 European Union ruling which established the right of individuals to have information delisted from search indexes under certain conditions. In its defense, Google has argued that it should be protected under an exception for journalism because it provides access to journalistic content. Even as a legal sleight of hand, the argument is quite a departure from Google’s customary efforts to present itself as a disinterested arbiter of information, a position that has become more untenable with time.
Gareth Corfield, a reporter for The Register who covered the cases from the courtroom, said it’s disingenuous of Google to put on the mantle of journalism only when it suits them. “They’ve gone through great lengths to say they don’t make any editorial judgement in processing results,” Corfield said, but “it now wants you to believe it is on a par with journalism.” As the first case to test the “right to be forgotten” in England’s High Court, its outcome will likely set some ground rules in the roiling debate between personal privacy and freedom of expression on the internet. Google’s sudden identification with journalism may be a legal gambit, but it could have far-reaching effects across the landscape of data protection laws.
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