Most Read Contributor in New Zealand, September 2016
A decision by the European Court of Justice, which allows people
to request that internet information is pulled if historic or no
longer relevant, has been seized upon by European criminals to have
Google remove links to their criminal records.
The judgment is interesting but is unlikely to bear on the legal
position in New Zealand.
Google Spain SL Google Inc. v Agencia Española de
Protección de Datos (AEPD) Mario Costeja
González was brought by a Spanish national who
complained to Google Spain and Google Inc. about personal
information dating back 16 years which was available through the
Google search engine.
The Court found that Google had a responsibility to erase on
request links and information incompatible with EU Directive
95/46/EC protecting an individual's right to privacy.
This finding changes the legal landscape in Europe, and in the
week following last Tuesday's ruling Google received a number
of requests to take down information.
New Zealand's Privacy Act does not currently recognise
"data processors", as the EU directive does. But it is
worth watching developments in Europe because changes in the law or
in legal interpretation there may eventually influence thinking
In the meantime, the
Harmful Digital Communications Bill is expected to create an
agency to advocate for New Zealand individuals wishing to remove
digital content hosted by search engine and social media providers
in cyberbullying situations. The Bill is due to be reported back
from the Justice and Electoral Committee on 3 June.
The information in this article is for informative purposes
only and should not be relied on as legal advice. Please contact
Chapman Tripp for advice tailored to your situation.
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