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Do you have a "right to be forgotten" on the Internet?

3 July 2014

The European Court of Justice has recently considered an individual's right to privacy as it applies to search engine operators.

The Court upheld that unflattering newspaper articles from the past had infringed an individual's right to privacy and the protection of personal data when retrieved on a Google search and the individual was successful in his application to have the information in question removed from Google Spain's search results.  However, only out of date or misleading information was required to be removed and that will only be done following a request by an individual and a determination that the material is of that nature.

Further, although the material was removed from results in Europe, it did not have to be removed in other jurisdictions.

The case presently has no bearing on matters of privacy in Australia as it applied European Law, relevant to the collection of data and privacy information.  However, it serves as an important reminder to consider matters of personal information and privacy as they apply to businesses. Mullins has previously discussed the issues surrounding the recent changes to Australian privacy law that have wider implications for the way companies use personal data. Make sure your business is compliant.

For more information contact:

Andrew Nicholson | Partner
Mullins Lawyers
t +61 7 3224 0261
f +61 7 3224 0333

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