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// Netherlands · Right to be forgotten

Court Denies Privacy Lawyer's Request to Remove Search Results on Public Dispute

Rechtbank Den Haag ·

ECLI:NL:RBDHA:2019:6302

Read the ruling at rechtspraak.nl

The case

A privacy law specialist requested Google to remove search results about a million-euro claim she filed against a municipality for privacy violations. The court denied the request because the information is of public interest, the applicant plays a public role as legal expert and contributed to the publications herself.

What the court considered

  • 01The articles concerned a million-euro claim filed by applicant as a legal expert against government bodies, which is of public interest
  • 02Applicant plays a public role as a PhD jurist and privacy law specialist and actively seeks publicity through social media and websites
  • 03The search results are factually correct, neutrally formulated and form only a subordinate part of the total search results
  • 04The public interest in accessing this information outweighs applicant's privacy rights
  • 05Applicant herself contributed to the creation of the articles by maintaining contact with journalists

What this means in practice

Legal professionals and other experts who publicly profile themselves must be aware that their professional conduct and statements are more difficult to remove from search results, particularly if they have themselves maintained contact with the media. This judgment clarifies the limits of the right to be forgotten for professionals who actively seek publicity, especially when they themselves have contributed to the relevant publications.

Legal basis

  • Artikel 17 AVG
  • Artikel 21 AVG
  • Artikel 6 lid 1 onder f AVG
  • Artikel 47 Handvest van de Grondrechten van de EU
Right to be forgotten

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