Paris (AFP)

The Council of State dedicated Friday the victory of Google on the Cnil about the right to be forgotten by the Net surfers, recognizing that this one did not apply outside Europe, contrary to what wanted the French keeper of private life.

The high administrative court canceled a decision of the Cnil in March 2016, which condemned Google to a fine of 100,000 euros for having limited the "right to be forgotten" to only European versions of the search engine.

The decision is not a surprise, since the European Court of Justice, rightly seized by the Council of State in the context of this case, had decided last September that the right to be forgotten by European Internet users does not could apply only in Europe and not outside its borders.

Consecrated in 2014 by European justice, the right to be forgotten allows each European to obtain, under conditions, the removal of links which appear in the results of a search engine after a query concerning his name.

The American group, supported by several rights organizations, replied that respecting the "right to be forgotten" beyond the borders of the EU would have created risks for freedom of expression, in particular in certain authoritarian countries.

Microsoft and the Wikimedia foundation, which hosts Wikipedia, had joined Google in the proceedings.

Google was also supported by the press freedom NGOs Reporters committee for freedom of the press (United States) and Article 19 (United Kingdom).

Since 2014 and the entry into force of the European right to be forgotten, Google has received requests to delete referencing for 3.5 million internet pages, which have been satisfied for 46% of them.

In a press release, the CNIL took note of the decision of the Council of State, announcing that it would update "in the coming days" its website "to give individuals clear and up-to-date instructions on the right to forgetfulness ".

She also launched an appeal to the French legislator, suggesting that he did not use all the possibilities left to him by European law to install in France a right to be forgotten "exceeding the field provided by law of the Union ".

Google for its part did not wish to react to the decision of the Council of State.

© 2020 AFP