// Netherlands · Right to be forgotten
Court blocks KPMG partner's bid to erase container housing search results
Rechtbank Amsterdam ·
ECLI:NL:RBAMS:2015:716
The case
A KPMG partner demanded Google remove search results about his 2012 'container story', where he had to temporarily stay in emergency housing with containers during a construction dispute. The court denied the claim because the information was relevant, accurate and still recent enough, with no compelling reasons that outweigh Google's freedom of information.
What the court considered
- 01The search results are relevant and not excessive as they contain accurate information about plaintiff published in prominent media that deemed it 'news'
- 02The information is still considered recent in time (2012-2014), unlike the Costeja case which involved 16-year-old information
- 03No compelling and justified reasons exist that outweigh Google's right to freedom of information
- 04The 'right to be forgotten' is an exception to freedom of information subject to strict requirements
- 05The articles are not defamatory - having a dispute with a contractor says nothing about plaintiff's culpability
What this means in practice
Businesses and individuals cannot easily have unfavorable but accurate news reports removed from search results. The threshold for removal is high, particularly for recent, accurate information published by reputable media outlets. One of the first Dutch rulings on the 'right to be forgotten' following the Costeja judgment, establishing clear criteria for when search results may or may not need to be removed.
Legal basis
- Artikel 36 Wbp
- Artikel 40 Wbp
- Artikel 8 EVRM (privacy)
- Artikel 10 EVRM (informatievrijheid)
- HvJ EU Costeja-arrest (C-131/12)
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