Don't applaud Europe’s ‘right to be forgotten' ruling against Google: Blodget

A European court issued a startling ruling yesterday.

Citizens have a "right to be forgotten," the court said, and this right will now allow European citizens to order Google (GOOG) to remove links to information about the citizens that the citizens don't like.

At first blush, this ruling sounds appealing: There is information on the Internet about all of us that we would like to be forgotten. And it is the rare individual who is pleased with everything that turns up when he or she does a Google search on him or herself.

(I hate what comes up when I do a search on my name, for example. A lot of it is mortifying and humiliating to me. I've never tried to hide it, and never will, but if it suddenly disappeared from my Google searches, Wikipedia page, bio, and the SEC's web site, etc., I wouldn't rush to complain.)

Upon reflection, however, this ruling creates a whole host of potential problems, not least of which are harm to other people and a major administrative hassle for Google.

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Specifically, the ruling allows people to order Google to remove links to information that is "old" and "irrelevant." It doesn't take much imagination to see how much room there is for a difference of option about what information clears this hurdle.

Is a malpractice suit against a doctor from seven years ago old and irrelevant? From the doctor's perspective, it might be. From the perspective of potential patient, however, it might be important.

Is a drunk-driving charge from several years ago old and irrelevant? If the driver has long since stopped drinking and driving and recklessly endangering himself and others, then, yes, it might be irrelevant. But what if he hasn't stopped drinking and driving? And what if he killed someone when he was drunk and driving instead of just getting charged. Would that make it more relevant?

Google's likely response to this new ruling, assuming it remains in effect, will be to just take down any links that people complain about. This is what the company (and other companies) do with many copyright claims—they don't evaluate the merits of the complaint, which would soak up even more administrative money and time. They just take them down.

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And this, in turn, will lead to the Google search results for people who complain being whitewashed of links to unflattering or embarrassing information — even if the information is true. Importantly, it might also lead to Google search results being purged of links to any news articles, reviews, or any other "coverage" that the subject of that coverage doesn't like. (A profile of me that you consider fair, I might view as a hatchet job.)