Tokyo District Court orders Google to delete wrong criminal history
PUBLISHED : Friday, 10 October, 2014, 11:25pm
UPDATED : Saturday, 11 October, 2014, 3:40am
Agence France-Presse in Tokyo
Individuals have the right to ask Google to delete personal data produced by its search engine. Photo: AFP
A Japanese court has ordered Google to delete search results linking the claimant to a crime he did not commit, the latest in a series of rulings around the world on what search engines should tell users.
The Tokyo District Court this week placed a provisional order that Google delete about half of 237 entries that appear after the plaintiff's name is entered, the Asahi Shimbun and other media reported.
The man requested the injunction in June, arguing that the search results suggested he was involved in a crime and that this constituted a threat to his way of life and compromised his privacy, the Asahi said.
The ruling comes after the EU's top court said in May that individuals had the right to ask Google to delete personal data produced by its search engine.
Individuals had a right "to be forgotten", under certain circumstances when data became outdated or inaccurate, the European Court of Justice said.
In the Japanese injunction, some of the search results "infringe personal rights", Judge Nobuyuki Seki said in the court documents, according to reports.
"Google, which manages the search engine, has the obligation to delete them," it said. "The man received tangible damage from the search results, which give the impression that he is a bad man."
It is believed to be the first legal decision in Japan ordering a search engine to remove results, although there were earlier rulings on aspects of Google's "autocomplete" function.
"We've just received the order, so we are reviewing the order," a Google spokesman said, adding it was considering its options. He said the company did comply with legal take-down notices.
In August, a Hong Kong High Court judge ruled that tycoon Albert Yeung Sau-shing could go ahead with a defamation action against Google, based on the "autocomplete" function linking him to gangs.
Yeung wants an order to remove the "defamatory" suggestions and seeks compensation.
