Google LLC – Court Ruling (Netherlands, 2019)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A Dutch court ruled that Google didn't have to remove certain search results about a dentist's past disciplinary actions. The court decided that the public's right to know outweighed the dentist's privacy concerns. This case is important because it shows how courts balance privacy rights with public interest.
What happened
The court ruled that Google could keep search results about a dentist's disciplinary actions online.
Who was affected
A dentist who wanted Google to remove search results linking to his disciplinary records.
What the authority found
The court held that the public interest in accessing the information outweighed the dentist's privacy rights.
Why this matters
This ruling illustrates the complex balance between privacy rights and the public's right to information, especially in cases involving professional conduct.
GDPR Articles Cited
The plaintiff is a dentist in Germany but he used to practice in the Netherlands, where he was registered with the [https://www.bigregister.nl/ BIG-register] for healthcare professionals. Τhe Regional Health Care Disciplinary Boards in Amsterdam and Zwolle imposed disciplinary measures on him after complaints about his treatments. The plaintiff asked Google to remove all search results which linked to his name when searching for his name or the combination of his name and the search term "disciplinary law". Google removed some of them but refused to remove the rest claiming its legitimate interest under Article 6(1)(f) GDPR, the freedom of expression and the interest of the public in finding information online. The plaintiff on the other hand argued that he exercised his right to be forgotten on the basis of Article 17(1)(a) GDPR and Article 17(1)(c) GDPR and that the balancing test of the conflicting rights and interests should favor his rights and interests. He claimed that Google violated Article 12 GDPR by refusing to remove the links at stake without explaining the reasons why it did so in a transparent, concise and comprehensible form; these links reveal data relating to criminal convictions or otherwise sensitive data and require stricter protection under Article 9 GDPR and Article 10 GDPR, which Google violated. The Court had to assess whether Google had to remove all the links on the grounds of Article 17(1)(a) GDPR and Article 17(1)(c) GDPR or whether the exception of Article 17(3)(a) GDPR about the freedom of expression and information shall be applicable. The Court had to go through this balancing exercise. The Court noted that, although it follows from the case law that the right to privacy and the right to the protection of personal data take precedence over the right to freedom of information when balancing interests, in this case the interference with the the plaintiff's right to privacy was justified by the overriding public interest in acces
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Google LLC in NL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Google LLC - Netherlands (2019). Retrieved from cookiefines.eu
Last updated: