// Netherlands · Right to be forgotten
Criminal offender loses bid to scrub Google search results on convictions
Gerechtshof Den Haag ·
ECLI:NL:GHDHA:2018:1296
The case
A man with a criminal history demanded that Google remove search results about his convictions for attempted contract killing, fraud, and handling stolen goods. The Court of Appeal of The Hague denied the claim because the public interest in knowing about his repeated criminal behavior in business contexts outweighs his privacy rights, especially given his recent conviction for handling stolen goods showing he does not appear to intend to reform his behavior.
What the court considered
- 01The public interest in knowing about appellant's criminal history outweighs his privacy rights, as people must be able to know they face serious risks in business dealings with him
- 02Appellant has repeatedly committed crimes in business contexts (attempted liquidation of competitor, fraud with medicines, handling stolen goods), with vulnerable persons as victims
- 03The recent conviction for handling stolen goods (2017) shows appellant does not appear intent on improving his life, keeping the information current and relevant
- 04This constitutes a special case that forms an exception to the main rule that privacy interests outweigh other interests
- 05The reliance on Article 16 Wbp (prohibition on processing criminal data) was raised too late and is time-barred
What this means in practice
Individuals with a criminal history, particularly in cases of repeated or recent convictions in business contexts, cannot automatically rely on the removal of search results. Companies and individuals may invoke the public interest in accessing this information for risk assessment in business transactions. This ruling clarifies the limits of the "right to be forgotten" in cases of repeated criminality and demonstrates that recent criminal activity can make public interest prevail over privacy rights, even for individuals without a public role.
Legal basis
- Artikel 36 Wbp
- Artikel 40 Wbp
- Artikel 16 Wbp
- Artikel 6:162 BW (onrechtmatige daad)
- HvJEU arrest Costeja (C-131/12)
Related rulings
- French top court: naming person in article on criminal conviction may standFrance · 3 June 2026
- Dutch real estate entrepreneur loses bid to remove criminal conviction article from Google search resultsNetherlands · 28 August 2025
- Google Defeats Legal Firm's Search Ranking Complaint Over Casino TermsNetherlands · 28 May 2025
- Court Denies Wealthy Heir's Bid to Scrub Criminal Past From Google Search ResultsNetherlands · 26 March 2024
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