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Yandex, Google and opposing the law regarding the “right to oblivion”

The company “Yandex”, Google and criticized the bill for removing information from search results, the consideration of which is scheduled for Tuesday, June 16. Internet search engines believe that the adoption of the amendments will limit the public interest in the information.

According to “Kommersant”, “Yandex” was sent to the state Duma Committee on informality feedback on amendments to the law “On information”, Civil and Civil procedure codes. According to the position of the company, innovations will violate the right of citizens to seek and receive information (article 29 of the Constitution and article 8 of the law “On information”): if adopted, search a large array of public interest and reliable information is difficult. The amendment contains “a clear imbalance between private and public interests,” according to the review.

The bill, known as the right to oblivion, will require that operators of search engines on statement of citizens to remove links to inaccurate or out of date (published over three years ago) of personal information. For failure to comply with the requirements of the companies face fines up to 100,000 rubles for unmotivated refusal to remove links and up to 3 million rubles for failure to execute a court decision. Amendments submitted to the state Duma on may 29, the deputies of the four factions.

According to the document, the search engine can be considered as any website on the Internet, with a search function, according to information posted on this resource, according to the “Yandex”. Search engines should independently evaluate the accuracy, relevance and compliance with the legislation of the information posted on the Internet, even though they don’t have competence. In “Yandex” believe that the decision on recognition of the information incorrect, outdated or not in accordance with the law shall be taken by the court or by Roskomnadzor.

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On Friday, representatives from Google, “Yandex”, Group, Rambler&Co, “Interfax”, the Russian Association for electronic communications (RAEC) met with the head of the state Duma Committee on informality Leonid Levin.

“We explained the technical aspects of search engines that require guidance on a specific URL with the placement of information,” continued the head of the legal Department Group Anton Malginov. – Cited arguments about jurisdiction, overly broad definitions of information, links to which are subject to removal, and other legal-technical comments”.

Representatives of “Yandex” and Google had indicated at the meeting on the discrepancy of the bill the European practice of application of the right to oblivion, which is referred to by the authors of the project. In may 2014, the EU court ruled in the case of Mario Gonzalez V. Google”, requiring the search engine to remove information about selling a house to the plaintiff for the debts. This solution does not introduce a General right to oblivion, but operators are required to closely approach to each case of removal of links from search results, evaluating the possibility of disproportionate restriction of the public interest in access to information. Russian bill such restrictions not contains.

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