Fonte: The Guardian
NGOs warned of potential harm to internet users’ rights if Google lost ECJ case
The “right to be forgotten”, which enables claimants to request the removal of links to irrelevant or outdated online information about them, should not be enforceable globally, the European court of justice (ECJ) has found in a preliminary opinion.
The controversial power, requiring search engines to prevent access to material on the internet, should be enforceable only in the EU and not worldwide, the court’s advocate general, Maciej Szpunar, said. Final judgments by the ECJ usually endorse initial opinions.
‘Right to be forgotten’ could threaten global free speech, say NGOs
The case related to a dispute between Google and France’s National Commission for Information Technology and Civil Liberties (CNIL), with a number of UK and international free speech organisations saying that extending the power could encourage censorship in countries such as China, Russia and Saudi Arabia.
In his opinion, the advocate general said the right to be forgotten must be balanced against other “fundamental rights”, such as the right to data protection, privacy and the legitimate public interest in accessing information.
Szpunar said if worldwide “de-referencing” was allowed, EU authorities would not be able to determine a right to receive information or balance it against other fundamental rights to data protection and to privacy.
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