Google LLC (Google Spain, S.L.) – Dismissed (Spain, 2020)

The decision is the consequence of a complaint submitted by a Spanish citizen stating that both data controllers included some links and publications related to a crime he committed in 2006, during his service as a local police, and that not only some information was untrue, but also such links included his name and surname, picture, national ID number, badge number and possible diseases. Both data controllers answered to the AEPD stating that the non-fulfilment of this right to be forgotten was correct: (1) according to Google, many of the links are not available anymore and the rest are referred to the citizen's professional life, are covered by freedom of expression and are accurate because they referred to a sentence, dated 2011, that the citizen is currently serving, and (2) according to Facebook, the reported publications do not violate its privacy policy and are covered by freedom of expression. Thus, the AEPD understood that the right to be forgotten was not applicable here and decided not to take further actions on the data controllers, according to these facts: as long as the news reported by the citizen are currently published in different mass media and social networks, and as long as they are critical with the citizen's professional (not personal) life, freedom of expression shall prevail. The decision also mentions that, in case the citizen still considers that such content is humiliating, he shall address to the corresponding Spanish court on a proceeding for the protection of his honour.