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Chronicles

The story behind the story

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A Canadian appeals court rules that Google's search engine is covered by federal privacy law, which could give Canadians the “right to be forgotten” on Google

Globe and Mail Sean Fine

Context & Ripple Effects

The ruling extends a Canadian legal arc in which courts had already accepted that Google could be ordered to alter search results beyond Canada’s borders, including the 2017 worldwide-removal ruling. It now shifts the dispute from injunctions against specific material toward whether search itself falls within federal privacy oversight.

The decision also sits alongside the long-running cross-border debate over whether delisting rights should reach beyond the jurisdiction asserting them, a question Google previously contested in its French right-to-be-forgotten challenge.

First-order effects

  • Google may have to treat Canadian requests to delist personal information as privacy-law matters, rather than solely as content-removal disputes.
  • Canadians gain a potential route to seek removal of certain search-result links, subject to the eventual application of the ruling and any further legal process.

Second-order effects

  • Google will need to reconcile Canadian delisting decisions with its existing search-indexing and appeals processes, especially where the same result remains accessible in other jurisdictions.
  • Publishers and operators of pages named in delisting requests could see less search referral traffic without the underlying material necessarily being removed.

Third-order effects

  • If upheld and operationalized, the case strengthens the premise that general-purpose search can be regulated as a privacy-facing service, not merely as a neutral index of third-party content.
  • The unresolved boundary is territorial: Canada’s earlier jurisdictional ruling over worldwide search injunctions shows why national privacy remedies can create conflicts over the reach of search-result removals.

The trend: Privacy regulators and courts are increasingly testing whether search engines must provide user-centered remedies for the lasting visibility of personal information across borders.

Discussion

  • @AnnaAnthro@mastodon.social Anna Anthro on mastodon
    Canadian Federal Court of Appeal rules  —  “#Google's search engine is covered by federal privacy law opening door for people to demand to have their names unsearchable - known as a “right to be forgotten.  In a 2-1 ruling, the Federal Court said #Google, responsible for as much …
  • @cyberlawyeryyz.bsky.social Brent J. Arnold on bluesky
    New privacy right just dropped.  [embedded post]
  • r/privacy r on reddit
    Federal Court of Appeal ruling opens door for Canadians to have ‘right to be forgotten’ on Google
  • r/technology r on reddit
    Federal Court of Appeal ruling opens door for Canadians to have ‘right to be forgotten’ on Google
  • r/canada r on reddit
    Federal Court of Appeal ruling opens door for Canadians to have ‘right to be forgotten’ on Google
  • r/CanadaPolitics r on reddit
    Canadians have a ‘right to be forgotten’ on Google, Federal Court of Appeal rules
  • r/onguardforthee r on reddit
    Canadians have a ‘right to be forgotten’ on Google, Federal Court of Appeal rules