DPA case DOS-2025-04652 – Violation Found (Belgium, 2026)

The data subject requested from a search engine (controller) the removal of a URL that appears when the data subject’s name is entered into the search engine. The URL points to the official website of the United States federal government for access to official publications. It refers to a judicial decision concerning the enforcement of Belgian orders within the United States and mentions the data subject’s name and states that he was convicted in Belgium in 2020 of forgery, fraud, breach of trust and embezzlement as well as forfeiture of assets in 2021. The data subject requested the de-listing of the URL from the controller but the controller refused to grant the request. Consequently, the data subject lodged a complaint with the DPA, claiming damages to his reputation and negative consequences for his professional situation. The DPA rejected the complaint. According to the DPA, the request of de-listing the URL is to be assessed under the deletion request provided for by Article 17 GDPR. Article 17(3)(a) GDPR requires the DPA to balance the interest of internet users to information with the data subject’s rights when assessing whether the personal data is to be deleted upon the data subject’s request or not. When balancing the interest, regard must be made of the special protection of personal data concerning criminal convictions as provided for by Article 10 GDPR. The DPA held that the interest of the internet users to the information prevailed over the data subject’s rights. Firstly, there was no doubt that the personal data concerned was accurate, the criminal convictions could not be classified as mere allegations but proven facts. Moreover, the information was still relevant since the convictions date back to 2020, its affirmation on appeal to 2021 and the referenced court decision to 2022. Thus, they reflect the current situation and not old facts. The DPA also considered that the convictions did not concern the data subject’s private or intimate lif