OTTAWA — Canada's federal privacy commissioner has stated that individuals have the right to request the removal of certain information from search engine results. However, Google is refusing to comply with this directive. Privacy Commissioner Philippe Dufresne recommended that Google de-list articles related to a criminal charge that was later dropped.

In a recent press release, the commissioner's office indicated that Google will not implement the recommendation to remove specific articles from search results associated with the individual's name. The office is currently exploring all available options to ensure Google's compliance with the law.

The case dates back to 2017 when Google contested the application of federal privacy laws to its search engine. The privacy commissioner sought judicial clarification, and in 2023, the Federal Court of Appeal dismissed Google's appeal. This ruling was seen as a significant win for advocates of the digital "right to be forgotten" in Canada.

The privacy commissioner noted that individuals have the right, in "limited circumstances," to have certain information removed from online searches of their name. This right is applicable when there is a risk of serious harm to an individual, including threats to their safety or dignity. The commissioner emphasized that this right is valid if the potential harm outweighs the public interest in keeping the information accessible.

In this particular case, the individual claimed that the articles about the dropped criminal charge resulted in direct harm, including social stigma, lost job opportunities, and even physical assault. The commissioner recommended that Google de-list the articles from searches of the individual's name, while still allowing them to be found through other search terms.

The ongoing situation highlights the complexities surrounding privacy rights and the responsibilities of search engines in managing sensitive information.