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.
翻译:自欧盟法院对Google Spain案作出裁决以来,欧洲公民在特定条件下享有要求删除其姓名相关搜索结果的权利。本文探讨了Google Spain案判决在荷兰的适用情况。自该判决以来,荷兰法院已审理了两起涉及删除请求的案件。在这两起案件中,荷兰法院比欧盟法院更深入地考量了删除搜索结果对表达自由的影响。然而,由于搜索引擎运营商对大多数删除请求的决策过程缺乏透明度,Google Spain案判决对表达自由的实际影响仍难以准确评估。