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// Netherlands · Right to be forgotten

Court Denies Request to Remove Charity Search Results Citing Public Interest

Rechtbank Den Haag ·

ECLI:NL:RBDHA:2018:4672

Read the ruling at rechtspraak.nl

The case

Plaintiffs asked Google to remove search results regarding an article about their involvement with charity organizations. The court denied the request because the public interest in accessing this information outweighs the privacy interest, particularly since the plaintiff still profiles himself as active in the charity sector and as a political candidate.

What the court considered

  • 01The public has a compelling interest in accessing information about (former) activities in the charity sector, which is subject to current societal debate
  • 02Plaintiff still profiles himself as an active entrepreneur in the charity sector and as a municipal council candidate, making him a public figure
  • 03The original article by the Association against Quackery was sufficiently supported by factual material according to earlier court ruling
  • 04Removal would make relevant information difficult to find, potentially creating an unbalanced picture
  • 05The interest in freedom of information and transparency in the charity sector outweighs the privacy interference

What this means in practice

Entrepreneurs and public figures who profile themselves with certain activities find it difficult to claim the right to be forgotten for information about those same activities. Transparency in sectors of public interest takes precedence over individual privacy interests. This ruling clarifies how judges balance interests in right to be forgotten requests, where public profiling and societal interest in transparency weigh heavily against privacy interests.

Legal basis

  • Artikel 36 lid 1 Wbp
  • Artikel 40 lid 1 Wbp
  • Artikel 8 EVRM
  • Artikel 7 en 8 Handvest van de grondrechten van de EU
  • Richtlijn 95/46 (Privacyrichtlijn)
Right to be forgotten

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