Court case BGH VI ZR 405/18 – Court Ruling (Germany, 2020)
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 German court ruled that Google does not have to remove old news articles from search results about a person involved in a financial deficit case. The court decided that the public's interest in accessing the information outweighs the individual's privacy rights. This case shows how courts balance privacy with public interest in online content.
What happened
Google was not required to remove press articles from search results about a person's involvement in a financial deficit case.
Who was affected
The managing director of a regional association mentioned in news articles about a financial deficit.
What the authority found
The court ruled that the individual's privacy rights do not outweigh the public's interest in accessing the information, so Google does not have to delist the articles.
Why this matters
This decision highlights the ongoing tension between privacy rights and public interest in online information. It suggests that courts may prioritize public access to information over individual privacy in certain cases.
GDPR Articles Cited
The plaintiff was the managing director of a regional association of a charitable organisation. In 2011, this regional association had a financial deficit of almost one million euros. At the time, both of these events were reported in the regional daily press, mentioning the plaintiff's full name. The plaintiff now requests the defendant, as the person responsible for the internet search engine "Google", to refrain from including these press articles in a search for his name in the results list. The Regional Court dismissed the action. The plaintiff's appeal was unsuccessful. The question was whether Google has to delist press articles of the plaintiff according to Article 17 GDPR. The court hold that the basic rights of the plaintiff does not outweigh the interests of the search engine and the interest of its users, the public and the press organs for the linked newspaper articles, also taking into account the time that has passed by, this is why he cannot base his claim on Art. 17 GDPR.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case BGH VI ZR 405/18 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case BGH VI ZR 405/18 - Germany (2020). Retrieved from cookiefines.eu
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