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// Netherlands · Right to be forgotten

Entrepreneur wins right to remove search link about dismissed drug investigation

Rechtbank Amsterdam ·

ECLI:NL:RBAMS:2017:2896

Read the ruling at rechtspraak.nl

The case

An entrepreneur demanded removal of a link to an article about a dismissed drug investigation from Google's search results for his name. The court granted the claim because the plaintiff is not a public figure and Google had insufficiently demonstrated why the public has an interest in accessing this sensitive information via the plaintiff's name.

What the court considered

  • 01Plaintiff is not a 'public figure' - owning a gym and sports shoe store is insufficient to classify him as a public figure
  • 02Google failed to adequately explain why the public has an interest in obtaining information from the article when typing in plaintiff's name
  • 03The information is sensitive to plaintiff's private life while the criminal case against him was dismissed due to lack of evidence
  • 04The information remains available to the public, just no longer searchable via plaintiff's name in the search engine

What this means in practice

Entrepreneurs can more easily invoke the right to be forgotten, even in the case of negative reporting about their business activities. Search engines must provide stronger justification for why there is a public interest in the discoverability through personal names. This ruling clarifies the demarcation of the concept of 'public figure' in right to be forgotten cases and emphasizes that entrepreneurs are not automatically public figures. It also demonstrates that a decision not to prosecute can be an important factor in the weighing of interests.

Legal basis

  • Artikel 7 Handvest van de grondrechten van de EU
  • Artikel 8 Handvest van de grondrechten van de EU
  • Costeja-arrest (HvJ EU 13 mei 2014, C-131/12)
  • Wet bescherming persoonsgegevens
Right to be forgotten

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