// Netherlands · Right to be forgotten

Court Denies Writer's Request to Remove Search Results About Academic Credentials Dispute

Rechtbank Midden-Nederland · 14 November 2018

ECLI:NL:RBMNE:2018:5594

The case

A writer requested Google to remove search results about a conflict regarding academic credentials based on the right to be forgotten. The court denied the request because the information is accurate and relevant, the applicant is a public figure, and the societal interest in accessing the information outweighs his privacy interest.

What the court considered

01The search results are accurate, relevant and not excessive for Google's purposes
02Applicant is a public figure (writer) creating societal interest in the reporting
03The matter concerns professional conduct, not private life of the applicant
04The public has an interest in accessing journalistic reporting about plagiarism and academic credentials
05Google's interest and that of internet users prevails over applicant's privacy interest

What this means in practice

Public figures such as writers, teachers and other professionals have greater difficulty invoking the right to be forgotten for information about their professional conduct. Search engines are only required to remove information that is manifestly inaccurate or disproportionate. This case demonstrates the limits of the right to be forgotten for public figures and confirms that accurate, relevant information about professional conduct is protected by freedom of information.

Legal basis

Artikel 36 Wbp
Artikel 40 Wbp
Artikel 8 sub f Wbp
Artikel 7 Handvest EU
Artikel 8 Handvest EU

Right to be forgotten

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