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Google Deletes Links to Inadmissible Insolvency Databases

Wednesday, August 16th, 2017 | bitcoin updates

      
    
  Google will delete links to unauthorized insolvency databases

      

    

    
    
      
          16.08.2017 16:03 UhrDaniel Berger
          
      
      
      
      
    

    
        
            
        
        
    
    
    (Picture: dpa, Jussi Nukari / Lehtikuva / dpa)
            
              Google has removed links to unauthorized websites that publish insolvency data. Prior to this, numerous data subjects had complained to the Hamburg Data Protection Supervisor. However, the personal data remain accessible.
            
            
            
                    
            Google has removed some links to unauthorized sites that publish personal data from insolvency proceedings. The offers do not appear in the search results of Google, but are still online. Previously, many citizens, whose insolvency data could be found on Google, complained to Hamburg's data protection commissioner Johannes Caspar. It welcomes the fact that Google is no longer linking "various Internet sites that publish illegal data."
Insolvency data remain accessible to the public
However, the insolvency data, such as file names, court orders or addresses, are still publicly and legally accessible. According to the "Ordinance on Public Notices in Insolvency Proceedings on the Internet" (InsoBekV), information about a central office can be accessed online. However, the regulation regulates how the data are accessible. After a period of two weeks, the information can only be found through certain search terms. Search engines are denied access to the data using robots.txt.
"Great pillory"
However, third parties systematically use the insolvency data and publish it in proprietary databases that do not have access restrictions. Thus the personal data then at Google – a considerable interference in the right to information self-determination. This is not a pleasant circumstance for those affected, because the personal and professional reputation can be damaged: the search for a name alone can promote the insolvency data without an "information interest". Johannes Caspar sees this as "a significant pillory effect", especially "in connection with consumer insolvency". The offers also use the collected data for commercial purposes and lead the user to dangerous promotional offers.
The right to forget
The operators of the prohibited publications could not yet be determined. In this case, affected parties can claim their "right to forget" against Google and other search engines, as in this case. The Bund-Länder Commission for Information Technology in Justice has asked the judicial administrations of the Länder to "develop proposals to adapt the nationwide regulation of public notices in insolvency proceedings". The European Basic Data Protection Act, which is applicable in the coming year, and the connection to the European judicial portal, will also play a role.
In May 2014, the European Court of Justice (ECJ) had decided that search engines had to remove links from their search lists when a user sees their personality rights violated. Originally, the case was about a Spaniard, whose house had been seized for debts years ago. This information was still to be found in connection with his name on Google. On the other hand, the man complained and successfully competed before the ECJ. Google had to remove the links. Now the EU judges have yet to decide whether Google has to remove the links even worldwide – that is exactly what French data protectionists demand. Currently, Google removes the complained links only in the European versions of the search engine.

(DBE)

        

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