normally perform an online search before deciding whether to hire
a prospective employee. You were of the view that the publication
of the information on your arrest through the Links by Google LLC
adversely affected your reputation. In this regard, we would like to
cite the following comments from the decision of the Administrative
Appeals Board in Administrative Appeal No. 49/2005 which put
beyond doubt the ambit of the Ordinance:
‘
[]
...
the aim of the Ordinance is 'to protect the privacy of
individuals in relation to personal data, and to provide for
matters incidental thereto or connected therewith.
'
... false
information and fabricated evidence are not personal data
'
and nor is personal reputation (this ofice s emphasis). They
'
are not protected by the Privacy Ordinance.[ ]
27. We regret to say that we are not in a position to comment on
whether the contents associated with the Links are defamatory or
whether Google LLC is a publisher of such allegedly defamatory
materials generated by its search engines, which is outside the
ambit of this office.
28. If you consider that Google LLC has published defamatory
information against you, the matter may be resolved through legal
channels rather than personal data protection.
16.
“
On 2 July 2019, the Appellant lodged the present appeal against the
Decision with the Administrative Appeals Board ("the Board").
12
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