Lucia Salinas
08/07/2020 - 18:22
- Clarín.com
- Politics
The Civil and Commercial Court 7 allowed the test measure required by Cristina Kirchner's lawyer, in order to sue Google for the publication in which she was referred to in the search engine as "Thief of the Argentine Nation ". An "urgent computer expertise" had been requested against the company. Justice validated that urgency to "justify the anticipatory test measure," says the resolution that Clarín agreed to . And the vice was called to "participate in the performance of the test."
Through her lawyer, Carlos Beraldi, the Vice President of the Nation, Cristina Kirchner, had requested an anticipatory test measure , to later move forward with the corresponding civil lawsuit against Google, because on May 17, when her name was typed in the search engine, "an infamous legend had been placed in the place where the position that Cristina Fernández de Kirchner holds today should appear."
It happened that within the knowledge panel of the main web search engine, instead of describing the institutional position of Vice President of the Nation that Cristina currently holds, the legend of "Thief of the Argentine Nation" appeared.
Understanding the scope of "Google" worldwide, and before initiating the civil lawsuit, Cristina requested an expert opinion to determine and "calculate the damage caused and the operations developed to violate the very personal rights of Cristina Fernández de Kirchner".
In addition, his lawyer required that “all the necessary means be arbitrated to download and store all the data associated with the name Cristina Fernández de Kirchner and Cristina Kirchner , from May 17, 2020 until the day on which the present expertise, arising from the content of the knowledge panel of the Google search engine of a prominent person ".
Finally, it was requested that the Civil Justice order the company to "detail clearly and precisely how this publication is generated, how long it was active, what number of views, visits and interactions it had, what actions the company took with this relationship and all the interactions between May 17 and May 23, 2020, among other requirements ".
When analyzing the formulated proposal, the Civil and Commercial Court admitted that the situation of urgency and necessity invoked "by Cristina Kirchner was accredited, to justify" the origin of the anticipatory test measure requested ", that is, the computer expertise.
To substantiate the decision, Court 7 explained that " the defendant entity would be the sole and exclusive administrator of the platform in which the content that is denounced as burdensome would have been disseminated", for this reason "the fear that is wielded would be justified as to the fact that it could be in a position to alter the information now required by the plaintiff and undermine the exercise of its right of defense in the future action it intends to bring ".
In addition, it was said that the required expert report "is aimed at gathering sufficient elements that allow the party to determine the existence, scope and extent of the alleged damage." The defense of the vice president explained that " the damage generated by (Google) on this occasion is, moreover, difficult to calculate without the results of the expert evidence requested here", and added that when consulting the number of visits it has Google per day, "the search engine itself recognizes that there are more than three billion."
Finally, in the judicial resolution, it was requested that an IT expert be issued on each of the proposed points of expertise, "and all those involved must be informed of the day, time and place that such work will be carried out."
On the other hand, it was determined that Cristina Kirchner be summoned "to participate in the performance of the test and letting her know that - immediately - she must arbitrate the means to preserve the data associated with the name Cristina Fernández de Kirchner and Cristina Kirchner, from May 17, 2020 until the day the expertise is performed, arising from the content of the knowledge panel of the Google search engine of a prominent person ".
