// Netherlands · Right to be forgotten
Former developer loses bid to scrub search results on property disputes and bank seizure
Rechtbank Den Haag ·
ECLI:NL:RBDHA:2017:264
The case
A former real estate entrepreneur requested Google to remove search results about his damage claim against Rotterdam municipality and seizure by Fortis bank, after termination of criminal proceedings against him. The court denied the request because the information could not be classified as criminal personal data and the public interest in findable information about the real estate sector outweighed the applicant's privacy interest.
What the court considered
- 01No processing of criminal personal data in search results - search results did not link applicant to any criminal offense
- 02Balancing of interests favored against applicant - public interest in findable information about real estate sector outweighed privacy interest
- 03URLs concerned applicant's actions as real estate entrepreneur where he actively contributed to publicity and damage claim procedures were still ongoing
- 04Information was not incorrect, irrelevant or excessive - applicant played active role in public debate about real estate sector
- 05Google could reasonably reject the removal request given the circumstances of the case
What this means in practice
For entrepreneurs who have experienced negative publicity: termination of criminal proceedings alone is insufficient for successful removal of search results if civil proceedings are still ongoing and public relevance exists. For search engines: they can successfully defend against removal requests by demonstrating that information remains newsworthy and serves the public interest. This ruling clarifies the boundary between criminal personal data and ordinary news articles in search results, and demonstrates how Dutch courts apply the Costeja criteria when balancing privacy against freedom of information in complex cases with public relevance.
Legal basis
- Artikel 8 lid 5 Richtlijn 95/46/EG
- Artikel 16 Wbp
- Artikel 8 sub f Wbp
- Artikel 46 Wbp
- Artikelen 7 en 8 Handvest van de grondrechten EU
- Artikel 8 EVRM
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- 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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