Google Triumphs in 'Right to be Forgotten' Cases in Germany
In a weighing of GDPR rights, Germany's top court rejected appeals in two cases, deciding that the right to information superseded the right to be forgotten, handing the internet giant a win.
July 27, 2020 at 11:09 AM
3 minute read
Google does not have to delete links to a factually correct, albeit unflattering news article, Germany's top court has ruled in two separate cases on Monday.
Siding with the lower courts in rejecting the two appeals, Germany's federal court of justice decided on individuals' rights to have the internet-search giant Google remove links to articles about them, also known as the right to be forgotten, or the right to erasure.
In the first case, the court said Google is not obliged to remove links to articles solely because their subjects deem them to be unfavorable, the German high court, Bundesgerichtshof, ruled, according to a statement on the judgment.
The case concerned the employee of a charitable organisation, who had gone on sick leave after the charity that had fallen into financial difficulty. His case, including his full name, was reported in local newspapers nine years ago. The articles could be found by searching for his name on Google.
In its ruling, the court stressed that the public's right to information had to be weighed against an individual's right to privacy.
The data protection law GDPR "requires a comprehensive weighing of fundamental rights, which must be carried out on the basis of all relevant circumstances of the individual case and taking into account the seriousness of the encroachment on the fundamental rights of the person concerned on the one hand, the basic rights of the defendant, the interests of its users and the public as well as the basic rights of the providers of the contents proven in the objected result links on the other hand," the court said in the statement.
In the second case, a couple had objected to a critical report about a business venture that involved one of them. The couple demanded that both thumbnail images displayed in the search results and articles be removed. The German court passed the case to the European court of justice, to clarify questions dealing with the responsibility of verifying internet content and the use of pictures in search results, the court said in the statement.
The case is but the latest European court success for a tech giant in recent months. Earlier this month, the European Court of Justice quashed a state aid decision by the Commission ordering the U.S. tech giant Apple to pay back €13.1 billion in unpaid taxes.
One day later, the Luxembourg-based court also ruled that the U.S.-EU data protection agreement known as "Privacy Shield" did not meet GPDR standards, essentially ordering the Commission to work out a new deal with U.S. authorities.
Last week, Slack, the company behind the popular messaging platform of the same name, filed a competition complaint before the European Commission against its main rival, Microsoft.
|Read More
German Publishers Drop Suit Against Google, Handing Hengeler Mueller a Win
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNorton Rose Racial Discrimination Complaint Triggered South African IT Probe
4 minute readHogan Lovells Takes Partner Quartet, Hiring from Dechert, Ashurst in Singapore
Trending Stories
- 1The Distribution of Dangerous Products Via Online Marketplaces
- 2The Products Liability Case Against Tianeptine: The Deadly ‘Dietary Supplement’ Found at Your Local Store
- 3The Evolving Landscape of Joint and Several Liability in Pa.: A Post-'Spencer' Analysis
- 4A Deep Dive Into the Product-Line Exception in Pennsylvania
- 5When Personal Injury and Family Law Collide
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250