Freedom of expression and 'right to be forgotten' cases in the Netherlands after Google Spain

TL;DR

This paper analyzes how Dutch courts have applied the Google Spain judgment concerning the right to be forgotten, highlighting differences in balancing delisting requests with freedom of expression and the opacity of search engine decisions.

Contribution

It provides an empirical examination of Dutch legal cases post-Google Spain, revealing judicial considerations and decision-making processes regarding delisting and free expression.

Findings

Dutch courts consider freedom of expression more thoroughly than the Court of Justice.

Most delisting decisions by search engines lack transparency.

The impact of Google Spain on freedom of expression remains difficult to quantify.

Abstract

Since the Google Spain judgment of the Court of Justice of the European Union, Europeans have, under certain conditions, the right to have search results for their name delisted. This paper examines how the Google Spain judgment has been applied in the Netherlands. Since the Google Spain judgment, Dutch courts have decided on two cases regarding delisting requests. In both cases, the Dutch courts considered freedom of expression aspects of delisting more thoroughly than the Court of Justice. However, the effect of the Google Spain judgment on freedom of expression is difficult to assess, as search engine operators decide about most delisting requests without disclosing much about their decisions.