In the dispute over the “right to be forgotten” in Internet searches , the Frankfurt Higher Regional Court has decided in favor of Google in a specific case .
Frankfurt / Main (AP) – The appointment of a former managing director of a non-profit organization had no success, as the court announced on Thursday. The organization wrote in 2011 deep red numbers, shortly before, the then managing director had sick leave. The man had now wanted to reach that the Google search for his name no longer five Internet addresses are displayed on corresponding press reports. (AZ 16 U 193/17). The verdict is not yet legally binding.
The Internet company should not be generally prohibited from displaying older negative press reports about a person in the hit list, even if they contained health data, the court said. Even after the entry into force of the new General Data Protection Regulation, it depends on whether the interest of the individual outweighs the public interest.
In the applicant’s case, there was no clear violation of the general right of personality, but there was a significant public interest in the case. Even the “right to be forgotten”, recognized for the first time by the European Court of Justice (ECJ), does not apply in this case. The mere fact that six to seven years have passed, “let not conclude clearly on the settlement of any information interest,” said the Higher Regional Court.