Episode 95: Mark Phillips on the Federal Court of Canada's Right to be Forgotten Ruling

October 19, 2021 00:35:25
Episode 95: Mark Phillips on the Federal Court of Canada's Right to be Forgotten Ruling
Law Bytes
Episode 95: Mark Phillips on the Federal Court of Canada's Right to be Forgotten Ruling

Oct 19 2021 | 00:35:25

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Show Notes

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, concluding that it does.

Mark Phillips is a Montreal-based lawyer practicing primarily in the areas of privacy, access to information, civil litigation, and administrative law in both Quebec and Ontario. His client – whose identity remains confidential under order of the court – filed the complaint that ultimately led to federal court decision. He joins the Law Bytes podcast to talk about the case, where the right to be forgotten stands under Canadian law, and what might come next.

The podcast can be downloaded here, accessed on YouTube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

Show Notes:

Federal Court of Canada Reference decision

Credits:

Your Morning, Canadians Could Soon Have the Right to be Forgotten

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