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// Netherlands · Right to be forgotten

Convicted murderer's plot fails to scrub Google search results about crime

Rechtbank Amsterdam ·

ECLI:NL:RBAMS:2014:6118

Read the ruling at rechtspraak.nl

The case

A man convicted of attempted solicitation of murder sought to have Google remove search results about his conviction and a related book. The court denied all claims, ruling that the man must bear the consequences of his own criminal conduct and the information remains permanently relevant.

What the court considered

  • 01Google Inc sufficiently demonstrated that Google Netherlands is not the data controller for Google Search and not involved in developing or offering the search engine
  • 02Plaintiff committed a serious criminal offense for which he was convicted in 2012 - this constitutes permanently relevant information that is not 'irrelevant', 'excessive' or 'unnecessarily defamatory'
  • 03The search results about the book are still current and relevant, as the book was published in 2013 and is still available for purchase
  • 04The autocomplete function adding 'peter r de vries' to plaintiff's name is not unlawful given the objective link between plaintiff and the TV broadcast
  • 05Plaintiff insufficiently demonstrated urgent interest, both for his private life and business activities

What this means in practice

Persons with criminal convictions cannot automatically compel Google to remove related search results. There is a high burden of proof to demonstrate that information is irrelevant or excessive. Companies must clearly identify which entity is responsible for data processing in right to be forgotten procedures. This ruling demonstrates how Dutch courts interpret the EU Costeja judgment in cases of serious criminal convictions. It confirms that the right to be forgotten is not a general right to remove negative publicity, particularly regarding recent convictions for serious crimes.

Legal basis

  • Artikel 36 Wbp
  • Artikel 40 Wbp
  • Artikel 46 Wbp
  • Artikel 8 EVRM
  • Artikel 10 EVRM
  • Artikel 7 Grondwet
Right to be forgotten

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