PIPEDA Provides Right To Have Information De-Listed From Google Search Engine Results

On August 27, 2025, the Office of the Privacy Commissioner of Canada (OPC) released its findings  from the investigation of a complaint regarding Google’s search engine service. The OPC found that Google violated its obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA) by including certain media articles in the results of searches of the complainant’s name, which contained highly sensitive personal information and led to direct harm.

The complainant previously faced a criminal charge that was dropped shortly after it was laid. However, media articles about the charge continued to be made available online through Google searches of the individual’s name. The complainant reported that the sensitive information in the articles has led to harm, including physical assault, lost employment opportunities, and social stigma. The individual filed a complaint with the OPC to have the media articles de-listed.

The OPC recognized that an individual has a right under PIPEDA to have information de-listed from search engine results under certain circumstances. This right applies in situations where there is a risk of serious harm to an individual such that the risk of harm outweighs any public interest in that information remaining accessible through the search. Factors favouring de-listing include:

1. the person is not a public figure;
2. the matter does not relate to a matter of public debate;
3. the information is inaccurate or out of date;
4. the information relates to the individual when they were a minor, and
5. the fact that a significant amount of time has passed since the publication of the information.

The OPC investigated, among other things, whether Google’s obligations under subsection 5(3) of PIPEDA to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances. The OPC determined that a reasonable person would consider it inappropriate for a search engine to return information about an individual in search results where the harm to the individual outweighs the public’s interest in returning those search results. As there was significant evidence of harm to the complainant and little, if any, public interest in the articles being returned in the search, the OPC determined that Google contravened its subsection 5(3) obligations by returning these results.

Based on its findings, the OPC recommended that Google de-list the media articles in question from search results for the complainant’s name. However, Google declined to implement this recommendation and the OPC is now considering available options for securing Google’s compliance with PIPEDA.

Summary By: Amy Ariganello