// Netherlands · Right to be forgotten
Former accountant loses bid to scrub disciplinary records from Google search results
Rechtbank Amsterdam ·
ECLI:NL:RBAMS:2018:3355
The case
A former accountant requested Google to remove search results linking to publications about disciplinary proceedings in which he received a reprimand. The court denied the request because the public interest in accessibility of this information outweighed the applicant's privacy interest, particularly given his current work as a lawyer specializing in financial compliance.
What the court considered
- 01The public has a legitimate interest in accessing information about professional misconduct of an accountant now working as a lawyer in financial compliance
- 02The publications are factually accurate, not tendentious and part of an ongoing public debate about accountant integrity
- 03The applicant's privacy interest does not outweigh the public's information interest, given his professional role and specialization in integrity & compliance
- 04Article 16 Data Protection Act (prohibition on processing criminal data) cannot be categorically applied to search engines due to their societal function
What this means in practice
Search engines are not required to categorically remove all references to criminal and disciplinary data. Professionals must take into account that disciplinary history remains relevant when changing careers within related sectors. Removal requests always require a concrete balancing of interests. This ruling clarifies the scope of Article 16 of the Data Protection Act regarding search engines and confirms that a balancing of interests is always necessary, even with criminal personal data. The court develops a practical approach to the tension between privacy and freedom of information.
Legal basis
- Artikel 16 Wbp
- Artikel 22 Wbp
- Artikel 36 Wbp
- Artikel 40 Wbp
- Artikel 8 EVRM
- Artikel 10 EVRM
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