Mediation by Dutch DPA concerning delisting of search results by Google
Since July 2014, the Dutch Data Protection Authority (Dutch DPA) has received 111 requests to delist search results on a person's name in a search engine. All requests related to Google. In 32 cases the Dutch DPA has mediated between Google and the data subject. In 24 cases the search results were delisted.
Searching for someone’s name in a search engine may lead to search results that infringe on the privacy of this person. The European Court of Justice has ruled on 13 May 2014 that people have the right to request search engines to delist certain results from a query on their name.
If the search engine refuses to delist, they can ask the Dutch DPA for help. In July 2014 the Dutch DPA received the first such request for assistance.
Assessment of delisting requests
The Dutch DPA has assessed all 111 delisting requests. In many cases, the Dutch DPA has asked the data subject to provide additional information. For example because the data subject did not provide evidence.
This has led to the following statistics:
- In 32 cases, the Dutch DPA mediated between Google and the data subject. In 24 of the mediated cases Google decided to grant the requests of the data subject and delisted the requested links. In 8 cases Google denied the delisting request from the Dutch DPA, and decided to maintain its initial conclusions about the case at hand.
- In 61 cases, the Dutch DPA did not mediate between Google and the data subject, because no mistake or incorrect interpretation of the law by Google was apparent, or because the facts of the matter were unclear or still subject to pending legal procedures.
- 15 cases were found to be inadmissible, for example because the legal term to file a request for mediation to the Dutch DPA had expired.
- In 3 cases, the data subjects, on advice of the Dutch DPA, successfully approached the original source of information with a removal request. Those cases concerned the publication of personal data by a government source.
- 2 cases are still under consideration by the Dutch DPA.
To learn more about the delisting requests and the mediation by the Dutch DPA, please see: Dutch DPA - delisting of search results by Google.
- 25 May 2016DownloadPDF