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Peru fines Google S/430,000 for failing to remove personal data from search results

Google has received a fine of 430 thousand soles for non-compliance with the corrective measures ordered by the National Authority for the Protection of Personal Data (ANPD) of Peru, which had requested the deletion of personal data related to an affected citizen in the search results.

The Ministry of Justice and Human Rights of Peru, through the National Authority for the Protection of Personal Data (ANPD), reported that the company Google LLC failed to eliminate search results despite the fact that the institution demanded it as a result of the approved application of Peruvian citizens.

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Eduardo Luna, general director of the ANPD, pointed out that Google LLC has incurred in breaches in 14 cases in which the deindexation and/or blocking of personal data processed through Google Search was ordered.

While Google can’t remove websites, it can remove content from search results, hiding pages that display personal data without justification.

Indexing or including a page in the Google index is the way in which the company lists all the web pages that the search engine knows about. When Google visits a site, it will detect new pages and update Google’s index.

This 2023, according to a resolution of the ANPD, in which it was suggested or hinted that the termination of employment was due to an offense related to improper financing of agro-export companies.

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In the absence of evidence and given that he was not a public figure, it was decided to declare the claim of the citizen well founded and demand the removal of his name and surname.

In this case, the processing of personal data is questioned based on the results of the predictive typing of the search algorithm (AutoComplete function).

A lawyer, who would not have provided professional services nor is he involved in any criminal case against a well-known construction company, appears in the predictive writing of the search engine associated with it when typing his name and surname, as well as his image, for which he resorted to the ANPD obtaining a favorable resolution. So far, this information has not been blocked in the search engine.

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by searching for it by name in the Google Search search engine. In this way, the hyper-visibility of the person’s information is avoided, trying to limit the scope of news or content that may harm their honor and reputation, their personal privacy or that simply exhausted their informative effects.

Pre-Google Fines

In 2022, fines of 95.33 UIT (S/ 419,452.00) and 73.33 UIT (S/ 307,986.00) were imposed on Google for not complying with the corrective measures issued to try to limit the hypervisualization of data of people (names and surnames) that they previously obtained a favorable resolution from the ANPD.

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In the first case, the media made publications that linked the applicant’s name to news about a criminal complaint against him that failed and was subsequently filed. In the other case, the applicant’s intimate sphere was affected, since the news published by a blog included data on her mental health (sensitive data), clearly not relevant to the public interest. The search engine did not remove those contents.

The breaches in which Google LLC has been incurring have given rise to the initiation of inspection actions and, in the cases that corresponded, to the initiation of sanctioning procedures, such as those mentioned. To date, Google LLC has promoted up to 13 processes before the Judiciary questioning what was resolved by the National Authority for the Protection of Personal Data.

Citizens who consider that their personal data is not being processed correctly can file a complaint with the ANPD’s Inspection and Instruction Directorate, as well as make inquiries by calling 204-8020, annex 2410. You can also contact the email protegetusdatos@minjus .gob.pe.

(Source: Andean)

Source: Elcomercio

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