The cat’s out of the bag


When the EU recently ruled against Google on a person’s “right to be forgotten” and Google complied with the ruling in a reasonable and scalable way it was clear (to me anyway) that all hell was going to break out. It’s taken a few weeks …but it’s happening. The latest example of legal imbroglio comes from Hong Kong where a Movie maker is suing to have Google remove the autocomplete for their name as it links them to triad gang names. I guess it’s a bit like if you typed in 20th Century Fox and Google suggested the rest of the query should be “20th Century Fox Gambino Family” I could see how that would get annoying…whether or not there is any actual linkage.

This isn’t the first time Google has had problems like this, various EU jurisdictions have required they remove various autocomplete such as the one in Germany which linked “Scientology” to “Fraud”. I happen to think that one is perfectly fair comment…but that’s another blog…or see my reviews of some Scientology books on Audible and . In any event Google has always claimed that autocomplete is a purely algorithmic feature which they have no control over and thus no obligation to edit. Now the right to be forgotten precedent has been so clearly established it’s pretty simple to point to it and say if you can edit for that you can edit for this which has pretty much the same end result…in effect a right “not to be suggested”.

The search engines have sheltered behind the Digital Millennium Copyright Act in the US for the past 15 years. They have also relied on their enormous political sway to steer clear legal assault in the US. Clearly the rest of the world isn’t buying it and we can expect hundreds of thousands more requests to be forgotten and many other law suits with related issues all based on the right not to be remembered…or suggested.

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