// Netherlands · Right to be forgotten
Court denies writer's bid to scrub plagiarism allegations from Google search results
Gerechtshof Arnhem-Leeuwarden ·
ECLI:NL:GHARL:2021:10370
The case
A writer requested Google to remove search results about allegations of plagiarism and wrongfully claiming academic titles. The Court of Appeal Arnhem-Leeuwarden denied the right to be forgotten request because the information remains current and of public interest, and because the writer could not sufficiently demonstrate that the allegations were incorrect.
What the court considered
- 01Google sufficiently demonstrated compelling legitimate grounds for processing, based on the public's right to find information and Google's own interest in providing information
- 02The allegations about plagiarism and wrongfully claiming academic titles remain current and of public interest, given appellant's profession as writer/teacher
- 03Appellant failed to sufficiently prove that the search results content is incorrect - he could not provide diplomas to support his claimed academic credentials
- 04Appellant keeps the public debate alive by posting messages on social media about the conflict, making the information remain current
- 05The search results concern appellant's professional conduct, not his private life
What this means in practice
Professionals filing right to be forgotten requests must have strong evidence that information is inaccurate. The absence of diplomas or other official documents significantly undermines their position. Self-publicity about the matter works counterproductively for removal requests. This ruling clarifies how judges handle right to be forgotten requests regarding professional integrity - there is a high burden of proof for claimants to demonstrate inaccuracy, and the public interest in transparency about academic qualifications carries significant weight.
Legal basis
- Artikel 17 AVG
- Artikel 21 lid 1 AVG
- Artikel 6 lid 1 sub f AVG
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