Warc, 15 May 2014
BRUSSELS: Online publishers and brands are considering the
implications of a ruling by the European Court of Justice that requires
internet giant Google to amend some search results if requested by individuals.
While the particular case referred to a Spanish doctor's
wish to have removed a link to a newspaper report from 16 years ago that
outlined his debt problems, the effects are likely to be far reaching as the
ruling effectively brings search engines within the confines of European data
protection laws rather than treating them as neutral intermediaries.
Most obviously, search engines could be swamped by European
citizens demanding the removal of links to personal data deemed to be
"inadequate, irrelevant or no longer relevant".
The Financial Times noted, however, that the ruling could
also apply to searches on social media and include the deletion of links to bad
reviews.
James Thomlinson, partner and managing director at
international PR agency Bell Pottinger Wired, told Marketing the ruling created
a messy situation for the entire communications industry.
"The lack of clarity from the ECJ on relevancy of
results and whether or not this ruling applies to individuals in companies --
or even an entire brand's reputation -- will have lawyers up and down the
country rubbing their hands in glee," he said.
Marketing Week suggested the ruling was "another step
towards the greater anonymisation of online data" and said brands would
have to look at adapting their targeting models.
Imminent new EU data protection legislation could also mean
marketers will soon have to ask consumers to opt in to their data being used
for marketing purposes. Currently they have to opt out, something they are far
less likely to do.
As their options for remaining anonymous grow, Marketing
Week said it made sense for marketers to "future-proof" themselves
against this trend.
Data sourced from Financial Times, Marketing, Marketing
Week; additional content by Warc staff
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