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// Netherlands · Right to be forgotten

Man fails to force Google to remove fraud allegations lacking proof of inaccuracy

Rechtbank Midden-Nederland ·

ECLI:NL:RBMNE:2017:805

Read the ruling at rechtspraak.nl

The case

A man attempted to force Google to remove search results linking to negative publications about him regarding alleged fraud and false diplomas. The court denied his claim because he could not prove the information was incorrect and the publications were still current enough to remain of public interest.

What the court considered

  • 01Plaintiff could not prove that the published information about him (regarding false diplomas, fraud and threats) was incorrect
  • 02The publications from 2012 and 2014 were still current enough to remain of public interest
  • 03The balancing test between privacy and freedom of information favored Google, as the information was of sufficient societal importance
  • 04Plaintiff failed to demonstrate criminal personal data that would fall under Article 16 of the Dutch Data Protection Act
  • 05Plaintiff should better direct his lawsuit against the original publishers of the articles rather than Google

What this means in practice

Individuals who wish to have negative search results removed must provide concrete evidence that the information is inaccurate. It is often more effective to proceed directly against the original publishers rather than against Google. This ruling demonstrates how strict Dutch judges are when assessing right to be forgotten requests, particularly when the information may be of public interest and the claimant cannot demonstrate its inaccuracy.

Legal basis

  • Artikel 16 Wbp
  • Artikel 36 Wbp
  • Artikel 8 Wbp
  • Costeja-arrest HvJ EU
  • Artikel 8 EVRM
Right to be forgotten

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