#CyberFLASH: Canada Pits Constitution Against Right to Be Forgotten

1297658073661_ORIGINALThe right to be forgotten may never make the leap across the Atlantic from the European Union to Canada.

Our neighbors to the north are willing to talk about reputational privacy and the right to be forgotten—the concept that individuals should be able to seek removal of online links to their personal data to protect their reputation. But any attempt to significantly regulate Internet speech will run smack-dab into the brick wall established by the freedom of expression guarantee in the Canadian Charter of Rights and Freedoms, privacy professionals told Bloomberg BNA.

Canadians may not be fully in synch with the U.S. populace’s general aversion to restrictions on personal liberty, but neither do they have the Europeans citizenry’s willingness to accept a strong national governance approach to privacy.

The back-and-forth between privacy and free speech rights is highlighted by the Officer of the Privacy Commissioner’s approach to the issue. In 2015, the privacy office named reputational privacy as on of it’s top priorities. To follow up, the privacy office conducted a national consultation regarding online reputational privacy. In January, the office published a discussion paper on reputational privacy.

Privacy Commissioner Daniel Therrien isn’t ready to publicly discuss the consultation’s results or how he will respond, as the process of reviewing submissions is still underway, agency spokesman Tobi Cohen said.

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