Google’s chief privacy officer, Keith Enright, has stated that Australia’s proposed “right to be forgotten” law should target websites that host information rather than search engines. The law is part of a series of proposed changes to the Privacy Act aimed at updating it for the digital age. Enright believes that if there is a legal right to remove information from the internet, the requests should be directed to the publishers of the content rather than search engines. He argues that even if information is removed from search engine results, it still exists elsewhere on the internet. However, the Office of the Australian Information Commissioner argues that targeting search engines makes sense in cases where it’s difficult to remove information at its source. Google estimates that it has received around 58,000 requests from Australians to de-list approximately 250,000 results between 2014 and 2022. In cases where out-of-date or inaccurate information appears in search results, individuals have taken defamation action against Google in Australia. Last year, Google won a high court case that determined it was not a publisher for linking to a defamatory article on a website. Enright believes that if the host of the information takes it down, the issue would correct itself as Google’s website crawlers routinely survey websites. However, he acknowledges that no current law can anticipate how artificial intelligence advancements could impact privacy laws. Google recently delayed the launch of its AI chatbot Bard in Europe due to concerns from the Irish Data Protection Commission regarding privacy policies. Enright stated that Google is working with regulators worldwide to navigate privacy regulations, although the sheer volume of laws being contemplated creates complexity and legal challenges.
