It follows a Spanish case which challenged Google to remove outdated
financial details about an individual.
The opinion of advocate general Niilo Jaaskinen could influence a wider EU
debate over whether people have "the right to be forgotten".
Privacy campaigners believe individuals should have greater control over
data.
No controller
The specific case Mr Jaaskinen was considering goes back to November 2009
when a Spanish man complained about links on Google to an e-newspaper report
detailing how debts had led to his house being repossessed.
He argued that, as the report was 10 years old, the links were no longer
relevant and should be removed. He failed to get the original article removed
because it was deemed to be in the public interest.
He lodged a complaint with the Spanish Data Protection Agency who upheld
it.
The case later moved the European Court of Justice.
In his written opinion on the case, Mr Jaaskinen took the view that Google
was "not generally to be considered as a controller of the personal data
appearing on web pages it processes".
"Therefore, a national data protection authority cannot require an internet
search engine provider to withdraw information from its index," he wrote.
He added that this meant users would not be able to invoke "a general right
to be forgotten... against search engine service providers".
The court is not bound by Mr Jaaskinen's opinion although generally such
recommendations are followed.
A final judgement on the case is expected before the end of the year.
Erasing profiles
The case will be seen as a test of "the right to be forgotten" strand of
the Data Protection Regulation, which is currently being debated by the European
Parliament.
The EU is planning updates for the Data Protection directive, which was
originally adopted in 1995 when the internet was in its infancy.
The right to be forgotten clause, which has the support of EU Justice
Commissioner Viviane Reding, was developed in response to complaints about the
way search engines and social media firms handle information.
Increasingly users are concerned about a range of issues - from
difficulties erasing social media accounts, to lack of control of photographs
published by others.
Google welcomed the views of Mr Jaaskinen.
Bill Echikson, head of free expression at Google, said: "This is a good
opinion for free expression. We're glad to see it supports our long-held view
that requiring search engines to suppress 'legitimate and legal information'
would amount to censorship."
But Big Brother Watch said that that making a connection between this
particular case and the rights of citizens to delete data was "absurd".
"The right to be forgotten was never intended to be a way for people to
rewrite history," said director Nick Pickles.
"The whole point was to allow people to tackle information at source and
Google was not the source of this information - a Spanish newspaper was.
"A better example of why it is needed would be when someone wants to close
a Facebook account. Facebook shouldn't be able to hold on to our information
just in case you want to re-join," he added.
"It's important that citizens have better rights when it comes to stopping
companies collecting data without proper consent or holding on to information
for an unjustifiable length of time, even when people have ceased to use a
service."
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