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// Netherlands · Right to be forgotten

Court upholds Google's right to display search results on charity sector figures

Gerechtshof Den Haag ·

ECLI:NL:GHDHA:2019:1472

Read the ruling at rechtspraak.nl

The case

The Court of Appeal of The Hague denied the appeal of two appellants who sought to force Google to remove search results about their activities in the charitable sector. The court ruled that the public interest in transparency in the charitable sector and the public role of appellants outweighs their right to be forgotten.

What the court considered

  • 01Appellant 1 plays a role in public life as an entrepreneur in the charitable sector and as a politically active person, giving the public a legitimate interest in information about his professional integrity
  • 02Transparency in the charitable sector is an overriding public interest, and the information referenced by the search results is relevant and essentially accurate
  • 03The information is not so outdated that the public no longer has a prevailing interest in accessing it, as the activities continued until 2013 and appellant remains active in the sector
  • 04The compelling interest of the public and the authors of the publications outweighs the privacy rights of appellants

What this means in practice

Entrepreneurs and managers in the non-profit sector must be aware that critical reporting on their activities remains discoverable through search engines for extended periods, particularly if they play a role in public life. This judgment clarifies the limits of the right to be forgotten for individuals active in sectors where transparency is a matter of public interest, such as the non-profit sector.

Legal basis

  • Artikel 17 AVG
  • Artikel 21 AVG
  • Artikel 6 lid 1 sub f AVG
  • Artikelen 7 en 8 Handvest van de Grondrechten EU
Right to be forgotten

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