Following the decision of the European Court of Justice in May 2013, search engines are forced to offer forms allowing individuals to request the dereference of links displaying incorrect, outdated or prejudicial information.
Google, first targeted by the subject because of its popularity, quickly decried the measure, trying to pass it off as a gateway to censorship, a threat to information law … And for good reason, the process should not be automated and requires the firm to employ staff capable of dealing on a case-by-case basis.
From now on, the European CNIL wish that the dereferencing no longer concerns the European search engines, but the entire Google service.
Because if links are no longer accessible from Europe, they remain perfectly accessible from the American version or any other version outside Europe of the Google search engine.
It was David Drummond, legal director of Google who insisted that the removal of links following a request from a European citizen will only apply to European versions of the engine. The withdrawals of the links in question will therefore be limited to the 28 member countries of the Court of Justice of the European Union.
The situation is therefore hypocrisy, especially since a host of sites have specialized in the indexing of links deleted from European search engines. Moreover, the very principle of measurement is of doubtful effectiveness since only the links returned by the search engine are deleted, not the content to which it points.
In a November 2014 press release, the various European CNILs estimated that "De-indexing decisions must be implemented in such a way that they guarantee the effective and complete protection of the rights of the persons concerned and prevent the circumvention of European Union law." Suffice to say that nothing is won in advance on this point.