Privacy commissioner says Google isn’t complying with ‘right to be forgotten’

The federal government says Canadians have “the right to be forgotten” online, but Google is refusing to comply.

In a news release published on Wednesday, Privacy Commissioner Philippe Dufresne stated that “individuals have the right, in limited circumstances, to have certain information about them de-listed so that it is not displayed in search engine results when their name is searched online.”

Dufresne notes that this right applies in situations where there’s “a risk of harm to a person’s safety or dignity,” should “certain elements of their personal information continue to be displayed through an online search,” and the “risk of harm outweighs the public interest in that information remaining accessible through such a search.”

While he says a “careful balancing act” must be maintained between privacy rights and the right to freedom of expression, he cited a 2017 case that prompted this new release as an example of the right to be forgotten.

In the case, an unnamed individual faced a criminal charge only to have it dropped shortly after it was laid. However, news articles about the charge remained online, which the individual said has “caused them direct harm, such as physical assault, lost employment opportunities, and severe social stigma.”

In general, Dufresne says other relevant details that could constitute the “right to be forgotten” include that the online information concerned a minor, that they’re not a public figure and that significant time had passed since the original news coverage, thus making it outdated.

As a result, Dufresne says the Personal Information Protection and Electronic Documents Act (PIPEDA) requires Google to de-list the offending articles so they won’t show up in search results with the individual’s name, but the tech giant still hasn’t complied.

Google, for its part, argues that the case doesn’t consider the impact on freedom of expression. Speaking to CBC News, a Google spokesperson noted that the company is reviewing the report but remains “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.”

The Commissioner says his office is “considering all available options” to secure Google’s compliance with PIPEDA.

Image credit: Google

Source: Office of the Privacy Commissioner 

Update: 28/08/2025 at 11:35 a.m. ET — This article previously mentioned that the individual in question was a minor, when that was just one of multiple broader example given by the Privacy Commissioner in terms of what would favour de-listing public information. We’ve updated this story accordingly.