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// Netherlands · Right to be forgotten

Landlord loses bid to scrub criminal convictions from Google search results

Rechtbank Rotterdam ·

ECLI:NL:RBROT:2019:948

Read the ruling at rechtspraak.nl

The case

A real estate entrepreneur and landlord demanded that Google remove 36 search results relating to his criminal convictions and disputes with tenants. The court denied the request because the public interest in accessing this information outweighed the plaintiff's privacy interest, given his role as a professional landlord in public life.

What the court considered

  • 01The public has a compelling interest in accessing the search results because plaintiff, as a professional landlord, plays a role in public life
  • 02The criminal convictions are directly related to plaintiff's activities as a landlord, giving potential tenants a legitimate interest in this information
  • 03Plaintiff failed to adequately substantiate that the relevant information is factually incorrect, incomplete or irrelevant
  • 04The public interest outweighs plaintiff's privacy interest, especially since current and future tenants (weaker party) can use this warning information

What this means in practice

Landlords and other entrepreneurs active in public life find it difficult to have negative search results removed, especially if these are relevant to their professional activities. Consumers retain access to warning information about service providers. This case clarifies how the balance between privacy and freedom of information plays out for professional landlords, with the protective interest of tenants as the weaker party playing an important role in the assessment.

Legal basis

  • Artikel 16 Wet bescherming persoonsgegevens
  • Artikelen 7 en 8 Handvest van de grondrechten van de Europese Unie
  • Artikel 8 EVRM
  • Artikelen 36 en 40 Wbp
Right to be forgotten

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