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Google wants court to decide whether search curbs would infringe charter rights

Privacy Commissioner Daniel Therrien,
Privacy Commissioner Daniel Therrien holds a news conference to discuss his annual report in Ottawa on September 27, 2018. File photo by The Canadian Press/Sean Kilpatrick

Google wants the Federal Court to decide whether limiting search-engine results in the name of privacy would infringe Canadians' constitutional guarantee of free expression.

The leading internet search engine advocates broadening an upcoming court hearing to squarely address the question.

Privacy commissioner Daniel Therrien has asked the Federal Court to clarify if Google's popular search tool is covered by the law governing how companies handle personal information.

A man who says a Google search reveals outdated and highly personal information about him will be the test case that helps a judge decide whether the search engine must remove the links from its results.

Therrien argues the federal law on private-sector use of personal information includes such a right to de-indexing.

In documents filed with the court, Google says the privacy commissioner's reference application is illogical and inefficient because it is too narrow and therefore won't fully explore the relevant constitutional questions.

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