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// Netherlands · Right to be forgotten

Supreme Court orders new review of Google search result removal in murder plot case

Hoge Raad ·

ECLI:NL:HR:2017:316

Read the ruling at rechtspraak.nl

The case

A man convicted of attempted solicitation of murder sought to have Google remove search results about him. The Supreme Court ruled that lower courts had not correctly balanced his privacy rights against the public interest, and referred the case back.

What the court considered

  • 01The court had not properly balanced the privacy interest of plaintiff against the public's interest in accessing information when searching for plaintiff's name
  • 02The court had not investigated whether plaintiff plays a role in public life and what kind of role that would be
  • 03The court had wrongly held that only certainty about identity suffices, while a significant chance that the public makes the connection is already sufficient
  • 04The case is referred to The Hague Court of Appeal for a new assessment according to the correct standards from Google/Costeja

What this means in practice

Google and other search engines must take removal requests more seriously and can no longer rely solely on an appeal to the general public interest. For individuals, it becomes easier to obtain removal if there is no clear role in public life. This ruling refines the application of the 'right to be forgotten' in the Netherlands and provides clear guidance on how courts should balance the competing interests of privacy and information in accordance with EU law.

Legal basis

  • Artikel 36 Wet bescherming persoonsgegevens
  • Artikel 40 Wet bescherming persoonsgegevens
  • Artikel 7 Handvest van de grondrechten van de EU
  • Artikel 8 Handvest van de grondrechten van de EU
  • HvJEU Google/Costeja (C-131/12)
Right to be forgotten

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