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// Netherlands · Right to be forgotten

Former Company Director's Right to Be Forgotten Claim Rejected Over Public Interest

Rechtbank Limburg ·

ECLI:NL:RBLIM:2018:2751

Read the ruling at rechtspraak.nl

The case

A former director of bankrupt companies requested Google to remove articles about the bankruptcies from search results based on the right to be forgotten. The court denied the request because the information was still current and relevant, the bankruptcies had not been settled, and the public interest in accessing this information outweighed the applicant's privacy rights.

What the court considered

  • 01The information in the articles was still current and relevant as the bankruptcies had not been settled and proceedings regarding director liability were still ongoing
  • 02Applicant could not demonstrate that the substantive information in the URLs was incorrect, and Limburg Court had previously ruled that applicant had performed his duties as director improperly
  • 03The balancing test favored Google: the public has an interest in accessing information about bankruptcies where fraud may have played a role
  • 04The articles concerned only applicant's professional role as director, not his private life, and the companies had significant societal impact with 550 employees
  • 05Removal would constitute a disproportionate restriction on freedom of expression and the right to information gathering

What this means in practice

Former directors of failed enterprises cannot easily have negative but factually accurate reporting removed while legal proceedings are ongoing. The right to be forgotten does not offer protection against all negative publicity, only against irrelevant or disproportionate information. This ruling clarifies the limits of the right to be forgotten for former directors and emphasizes that the public interest in transparency regarding corporate insolvencies carries significant weight in the balancing of interests.

Legal basis

  • Artikel 36 lid 1 Wbp
  • Artikel 40 lid 1 Wbp
  • Artikel 7 Handvest van de grondrechten EU
  • Artikel 8 Handvest van de grondrechten EU
  • Costeja-arrest HvJ EU (ECLI:EU:C:2014:317)
Right to be forgotten

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