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// Netherlands · Right to be forgotten

Court Denies Journalist's Bid to Remove Old Plagiarism Article From Google Search

Rechtbank Amsterdam ·

ECLI:NL:RBAMS:2015:9515

Read the ruling at rechtspraak.nl

The case

A journalist requested Google to remove a search result linking to an article about plagiarism from 16 years ago. The court denied the request because the public interest in access to this journalistically relevant information outweighed the journalist's privacy interest.

What the court considered

  • 01The NRC article contains accurate information about a serious journalistic misconduct (plagiarism) that remains relevant to the applicant's professional activities
  • 02The public interest in access to this information, particularly for the journalism sector and potential clients, outweighs the applicant's privacy interest
  • 03The link is not excessive or irrelevant because plagiarism is considered a serious offense in journalistic circles
  • 04The prominence of the link in search results is inherent to the automated algorithmic system of the search engine, which serves societal interests

What this means in practice

Professionals cannot easily have negative but accurate information about professional misconduct removed from search results, even after an extended period of time. Search engines can invoke the social function and technical limitations of their algorithms. This ruling clarifies the limits of the 'right to be forgotten' in professional contexts, where integrity and reputation-related information remain of lasting relevance to the exercise of one's profession.

Legal basis

  • Artikel 36 Wbp
  • Artikel 46 Wbp
  • Artikel 8 sub f Wbp
  • Artikelen 7 en 8 Handvest van de grondrechten van de EU
  • Artikel 11 Handvest van de grondrechten van de EU
  • HvJ EU Costeja-arrest (C-131/12)
Right to be forgotten

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