News release

Privacy Commissioner finds that Canadians have a right to have information de-listed from online search engine results in limited circumstances

August 27, 2025 – Gatineau, QC

In a digital era where a vast amount of information is readily accessible online to anyone, an investigation by Privacy Commissioner of Canada Philippe Dufresne has found that individuals have the right, in limited circumstances, to have certain information about them de-listed so that it is not displayed in search engine results when their name is searched online.

The Commissioner has found that this right applies in situations where there is a risk of serious harm to an individual, including, as he has found in this case, a risk of harm to a person’s safety or dignity if certain elements of their personal information continue to be displayed through an online search for their name and this risk of harm outweighs the public interest in that information remaining accessible through such a search.

The investigation, resulting from a complaint against Google, found that the company had violated Canada’s federal private-sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).

In this case, an individual faced a criminal charge that was dropped shortly after it was laid. Several years later, news articles about the charge continue to be made available online through searches for the individual’s name, revealing highly sensitive personal information that the individual said has caused them direct harm, such as physical assault, lost employment opportunities, and severe social stigma.

The Commissioner concluded that, to comply with PIPEDA, Google must de-list the articles in question, so that they no longer appear when the individual’s name is searched. While the articles would continue to exist online and could still be found on the websites where they were originally published, they would only be searchable on Google’s search engine through searches for terms other than the individual’s name.

“Individuals have the right, under Canadian privacy law, to have information about them de-listed from online searches for their name in certain circumstances when there is a significant risk of harm that outweighs the public interest in that information remaining accessible through such a search,” said Privacy Commissioner of Canada Philippe Dufresne.

The Commissioner noted that recognizing the right to de-listing under PIPEDA – which is generally consistent with rights that exist under the European General Data Protection Regulation (GDPR) and Quebec’s private-sector privacy law – required a careful balancing of the individual’s fundamental right to privacy and the important Charter values protected by the right to freedom of expression.

The Report of Findings of this investigation outlines several factors that would favour de-listing certain information in response to an online search for an individual’s name when that information is likely to cause a serious risk of harm to the individual. These factors include, for example, that: the person is not a public figure; the matter does not relate to a matter of public debate; the information is inaccurate or out of date; the information relates to the individual when they were a minor, and the fact that a significant amount of time has passed since the publication of the information.

Google has declined to implement the Commissioner’s recommendation that it de-list the articles in question from the list of search results displayed when the individual’s name is searched.

The Commissioner indicated that his Office is considering all available options to secure Google’s compliance with the Act.

The original complaint was filed against Google in 2017. During the early stages of the investigation, Google questioned the Commissioner’s jurisdiction, suggesting that its search engine was not bound by the obligations set out under PIPEDA.

The Commissioner sought clarification on jurisdiction from the Federal Court of Canada, and in 2021, the Court agreed that “every component” of Google’s search engine’s business model “is a commercial activity as contemplated by PIPEDA” and that Google’s search engine does not collect, use or disclose personal information exclusively for journalistic purposes, as Google had argued. In October 2023, the Federal Court of Appeal upheld this decision.

Related links

• Report of Findings: Investigation and recommendations concerning Google search engine service’s compliance with its obligations under PIPEDA
• Backgrounder: Timeline of events related to the investigation of Google and de-listing of online information

Media contact

Office of the Privacy Commissioner of Canada
communications@priv.gc.ca