OTTAWA — On Wednesday, Canada's federal Privacy Commissioner Philippe Dufresne declared that Google is refusing to comply with a ruling that mandates the removal of specific search engine results under Canada's 'right to be forgotten' law.

The case, which began in 2017, centers on Google's obligation to de-list articles related to a criminal charge that was later dropped. The Privacy Commissioner recommended that Google remove these articles from search results for the individual's name to prevent harm, including social stigma, lost job opportunities, and physical assault.

The Privacy Commissioner's office stated that Google has not implemented the recommendation and is currently considering all available options to enforce compliance with the federal privacy law.

The Federal Court of Appeal rejected Google's appeal against the application of this law in 2023, affirming that individuals have the right, in limited circumstances, to have certain personal information removed from online search results if the risk of serious harm outweighs the public interest in keeping the information accessible.

Google, however, maintains that the 'right to be forgotten' must be balanced with freedom of expression and access to information rights. A Google spokesperson said the company is reviewing the report but believes such rights should be defined by the courts.

The ruling applies specifically to search results for the individual's name, while the articles remain accessible online through other search terms.

This development marks a significant moment in the ongoing debate over privacy rights and freedom of expression in Canada.