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// Netherlands · Right to be forgotten

Man's bid to suppress murder-for-hire search results rejected by court

Parket bij de Hoge Raad ·

ECLI:NL:PHR:2016:1116

Read the ruling at rechtspraak.nl

The case

A man convicted of attempted solicitation of murder sought to have Google suppress certain search results appearing when searching his name. The court denied the claim because his role in public life and the public interest in accessing information about serious crimes outweighed his privacy interest.

What the court considered

  • 01Plaintiff plays a role in public life due to his conviction for a serious criminal offense (attempted solicitation of murder), making the public interest in accessing information outweigh his privacy interest
  • 02The search results refer to websites containing only plaintiff's first name and first initial of surname, preventing a definitive connection between plaintiff and the information
  • 03This concerns a recently committed crime where the public has a legitimate interest in accessing information
  • 04Google did not manually manipulate search results; the linking results from normal search engine operation
  • 05The infringement on plaintiff's privacy is limited, while internet users' interest in accessing information carries greater weight

What this means in practice

For search engine operators, this means that removal requests from individuals convicted of serious crimes can be assessed more critically. For convicts, the 'right to be forgotten' is limited if they play a role in public life through their criminal activities. This ruling clarifies the application of the Google/Costeja judgment in the Netherlands and demonstrates how Dutch courts balance the competing interests of privacy protection and freedom of information, specifically regarding individuals convicted of serious crimes.

Legal basis

  • Artikel 36 Wet bescherming persoonsgegevens
  • Artikel 40 Wet bescherming persoonsgegevens
  • Artikel 7 Handvest van de Grondrechten EU
  • Artikel 8 Handvest van de Grondrechten EU
  • HvJ EU Google/Costeja arrest
Right to be forgotten

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