Reference re Subsection 18.3(1) of the Federal Courts Act, R.S.C. 1985, c. F-7, 2019 FC 957


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In 2016, the Office of the Privacy Commissioner of Canada [OPC] became invested in the issues of online reputation and of whether a “right to be forgotten” exists in Canadian law. Meanwhile, an individual [Complainant] filed a complaint with the OPC alleging that Google was contravening the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 [PIPEDA] by continuing to display links in its search results to news articles concerning the Complainant. The Complainant alleged that these news articles are misleading, outdated, inaccurate, and that they disclose sensitive information. The Complainant requested that Google remove their [the Court chose to use a gender-neutral pronoun] name from the search results for any search of their name, a procedure commonly referred to as “delisting” information from a search engine.

Decision relates to:


Canadian Intellectual Property