France orders Google to apply EU 'right to be forgotten' globally - or face action
French data protection regulator CNIL gives Google 15 days to comply with its 'right to be forgotten' demands
The French data protection registrar Commission Nationale de l'Informatique et des Libertés (CNIL) has given internet giant Google 15 days to apply the EU's so-called "right to be forgotten" globally or face sanctions.
Google currently complies with the EU's "right to be forgotten" ruling on search engines in the EU, but not on search engines outside the EU. CNIL, however, is demanding that Google apply the EU ruling to every search engine in every territory around the world.
While Google has not yet officially responded to CNIL's demand this morning, its attitude has been that the EU Court of Justice's authority does not extend beyond the borders of the EU - and that it is therefore not obliged to apply the court's ruling to non-EU search engines.
CNIL may follow up the order with a fine of up to €150,000 if Google doesn't comply, although Google is likely to challenge the order and any resulting sanctions in the French courts.
The concept of the right to be forgotten became EU law in May 2014 following a ruling against Google brought by Spaniard Mario Costeja González, who requested the removal of a link to a 1998 article in La Vanguardia newspaper about an auction for his foreclosed home, a debt he had subsequently paid. He took his claim to the European Court of Justice after his complaint to Spain's own data protection agency was rejected.
The ruling came as a surprise, but broadly conforms with Article 17 of the draft European Data Protection Regulation, which is expected to come into law this year. Unlike a directive, a "regulation" is transposed directly into member states' laws.
CNIL has been particularly aggressive in its pursuit of Google, fining the company €150,000 in January 2014 over supposed failings in its privacy policy.
France itself has sought, on the one hand, to build a rival to Google, with the French state sponsoring a dismally failed project called Quaero. On the other, it has sought to protect French internet companies that have enjoyed a modicum of success, stepping in to prevent Yahoo from acquiring YouTube rival DailyMotion earlier this year, for example.