Google is not obligated to delete sensitive data from its search index, despite being subject to EU privacy legislation.
That's the view of a top adviser to the European Court of Justice about a case concerning whether individuals can request the deletion of sensitive data from the internet.
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Niilo Jaaskinen, an advocate general for the European Court of Justice, believes that while Google must abide by data protection laws within EU member states - such as the Data Protection Act in the UK - it is not responsible for removing web content created by individuals.
"Search engine service providers are not responsible, on the basis of the Data Protection Directive, for personal data appearing on web pages they process," read a statement from Jaaskinen. The Court is likely to end up following his recommendation when a final judgment for the case is reached later this year.
The case follows a complaint by a Spanish man, who argues that an auction notice on his home following its repossession should be deleted from Google searches, as he believes the information represents an infringement on his privacy. However, in similar cases, the EU has often ruled that freedom of speech outweighs the right to privacy.
The Information Commissioner's Office recently suggested that the 'right to be forgotten' online is unrealistic.
"The right to be forgotten is important, but it's not realistic, information doesn't flow online in that way. You can't expunge your criminal convictions and wish they'd never happened, and you can't expunge all trace of yourself online either," said Deputy Information Commissioner David Smith.
