The right to dereference, improperly dubbed “the right to be forgotten”, was debated in a Spanish court. The National Court ruled on Friday March 6 on an appeal by Google into the case of a psychologist accused of sexual assault. The American search engine will have to show the acquittal of a defendant in the first research results concerning him.
The National Court, however, stressed that freedom of expression takes precedence over the protection of personal data. Given the profession of the accused, she added, it was “The legitimate interest of Internet users to have access to such information [sur lui] as published in local media “.
At first instance, in 2017, the Spanish Data Protection Agency ordered Google to delete press articles about this psychologist, at the request of the latter who had been acquitted of three charges for sexual assault. He faced a 27-year prison sentence. The National Court also claimed that press information on this case had appeared “Relatively recently” and were not obsolete.
A European decision on the subject in 2014
The man, whose name has not been provided, had contacted the Data Protection Agency to request that Google ensure that ten press articles relating to his case did not appear when he was typed. name in this search engine. The organization demanded that eight of these items be blocked, arguing that they were out of date.
In its appeal, Google for its part believed that they were“Public interest” and that access to them was protected by legislation on freedom of expression. The American group also claimed that they remained current.
In 2014, the Court of Justice of the European Union, headquartered in Luxembourg, ordered Google and other search engines operating in Europe to allow people to remove certain results if the information provided was inadequate, devoid of information. of relevance or excessive.