// Netherlands · Right to be forgotten
Music producer's bid to scrub tax evasion search results rejected by court
Rechtbank Amsterdam ·
ECLI:NL:RBAMS:2018:3354
The case
A music producer requested Google to remove search results about his alleged tax evasion from 2012. The court denied the request because the information does not constitute criminal personal data, is not incorrect, and the public interest outweighs the privacy interest of this public figure.
What the court considered
- 01The search results do not contain criminal personal data as there are no proven facts or founded suspicions - only allegations of tax evasion that did not lead to conviction
- 02The publications are not incorrect, irrelevant or outdated - the fact that a settlement was reached with the Tax Authority does not make the information incorrect
- 03Applicant is a public figure as a well-known businessman and company founder, making the public interest prevail
- 04The publications concern professional integrity and fiscal morality in a public context, not private life
- 05Tax avoidance is a current topic of public debate (Panama Papers, Paradise Papers) in which applicant has become part
What this means in practice
Business leaders and other public figures face greater difficulty in enforcing removal of search results concerning their professional integrity, particularly on current social issues. Google is not required to treat accusations without concrete criminal consequences as special personal data. This ruling clarifies the boundaries of the right to be forgotten for public figures and confirms that not every accusation of potentially criminal conduct qualifies as criminal personal data under the Dutch Personal Data Protection Act.
Legal basis
- Artikel 16 Wbp
- Artikel 36 Wbp
- Artikel 40 Wbp
- Artikel 8 Wbp
- HvJEU Costeja-arrest (C-131/12)
- HR 24 februari 2017 (X/Google)
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