Google violating privacy law by refusing ‘right to be forgotten’ in search results, watchdog finds

Canadian Privacy Commissioner Philippe Dufresne has determined that Google is violating federal privacy law by continuing to display search results that have caused “significant harm” to an individual. The decision, announced Aug. 27, establishes that Canadians have a right to have certain information de-listed from search engine results “in limited circumstances” when their name is searched online. Dufresne states that Google is in violation of that right by continuing to display news articles about a criminal charge against a person “that was dropped shortly after it was laid.” The unnamed person filed a complaint against the Alphabet Inc. subsidiary in June 2017, prompting an investigation by the privacy commissioner. The person argued that years later, news articles about the dropped charge continue to appear “prominently” on Google when their name is searched. These articles reveal “highly sensitive” personal information — including their HIV status and sexual orientation — that, according to the Office of the Privacy Commissioner (OPC), “has caused them direct harm, such as physical assault, lost employment opportunities, and severe social stigma.” During the investigation’s early stages, Google challenged the privacy commissioner’s jurisdiction, arguing its search engine was not subject to the obligations of the Personal Information Protection and Electronic Documents Act (PIPEDA). However, the Federal Court in 2021 and later the Federal Court of Appeal in 2023 affirmed that "every component" of Google's search engine business model counts as a commercial activity under PIPEDA and that it does not operate exclusively for journalistic purposes, as Google had contended. Dufresne found that Google violated a provision of PIPEDA mandating that personal information can only be collected, used, or disclosed for appropriate purposes. He recommended that Google de-list the media articles in question so that they no longer appear when the person’s name is searched, but according to the OPC, Google is refusing to do so. The company asserts that the court must decide whether de-listing news articles from search results is appropriate and does not violate Canadian charter rights, said the OPC. “We are reviewing the commissioner’s report but remain strongly of the view that consideration of a so-called ‘right to be forgotten’ must be appropriately balanced with the freedom of expression and access to information rights of Canadians, the news media, and other publishers, and therefore should be determined and defined by the courts,” a Google spokesperson said in a statement to The Wire Report. The OPC stated in a press release that it is “considering all available options to secure Google’s compliance with the act.” phalentm@thewirereport.ca

Google violating privacy law by refusing ‘right to be forgotten’ in search results, watchdog finds

Regulatory |
By Phalen Tynes-MacDonald
| August 27, 2025

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Google violating privacy law by refusing ‘right to be forgotten’ in search results, watchdog finds

Regulatory | By Phalen Tynes-MacDonald | August 27, 2025

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By Phalen Tynes-MacDonald
| August 27, 2025