The Right to be Forgotten Law imposes an obligation on search engines that disseminate adverts targeted at consumers located in Russia to remove search results listing information on individuals where such information is unlawfully disseminated, untrustworthy, outdated, or irrelevant (i.e. the information is no longer substantially relevant to the individual in question due to subsequent events or the actions of individuals). The Law includes exemptions where a search engine does not have to comply – (i) information on events reporting a crime where the limitation period for criminal liability has not expired; as well as (ii) crimes committed by an individual where their conviction record has not been erased.
In a previous post back in 2010, we discussed a then-new data-privacy case decided by the French Cour de Casson (high court), called Bruno B v. Giraud et Migot, Cour de Cassation [Cass.], soc., Paris, 15 Dec. 2009, No. 07-44264. As we said at the time, Bruno B was “a significant development” because, previously, French privacy laws offered an extremely high level of protection for employees’ data, as exemplified by the 2001 decision, Nikon France v. Onof, Cour de Cassation [Cass.], soc., 2 Oct. 2001, No. 4164.