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Reputatierecht
NL

// Netherlands · Right to be forgotten

Court upholds right to publish articles about civil servant's departure and software sale

Rechtbank Amsterdam ·

ECLI:NL:RBAMS:2018:3356

Read the ruling at rechtspraak.nl

The case

A former municipal civil servant requested Google to remove search results about his departure arrangement and alleged sale of municipal software. The court denied the request because the articles were accurate, the public had an interest in information about civil servant integrity, and the reporting concerned his professional life.

What the court considered

  • 01The articles do not contain criminal personal data as there are no proven facts or serious indications of criminal conduct
  • 02The reporting is not incorrect - applicant acknowledges the labor dispute and departure arrangement with Rotterdam municipality
  • 03The public has an interest in information about the integrity of civil servants and possible misuse of public funds
  • 04The articles concern applicant's professional conduct, not his private life
  • 05Google's and internet users' information rights outweigh applicant's privacy interests

What this means in practice

Persons in public office have a lower likelihood of successfully removing search results concerning their professional conduct. Requests must be highly specific and well-substantiated regarding the inaccuracy of the information. This ruling clarifies the high evidentiary threshold for inaccuracy in right to be forgotten requests and emphasizes the strong public interest in transparency regarding official integrity.

Legal basis

  • Artikel 36 Wet bescherming persoonsgegevens
  • Artikel 40 Wet bescherming persoonsgegevens
  • Artikel 16 Wet bescherming persoonsgegevens
  • HvJEU Google Spain/Costeja arrest
Right to be forgotten

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