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The Supreme Court limits the Right to be forgotten

In its judgment 426/2017,  the Spanish Supreme Court dismissed an appeal filed by an individual acquitted of a double murder who requested the right to be forgotten to a newspaper  that published an article  informing about  this acquittal without giving its name but attaching a photograph took during  the trial. The plaintiff requested € 122,000 in compensation for moral damages, as well as the removal of files, search engines and social networks.

The Supreme Court considers that there is no invasion of  the claimant´s right to honor. Moreover,  the actions of the media and journalists, also defendants, are legitimated by the exercise of freedom of information, since the information published was truthful and of public interest, without using offensive expressions. In the same way the Supreme Court considers that there is no infringement of the right to own image by the publication of the plaintiff´s photograph in the act of the trial, since the defendants have acted within the constitutional parameters of the legitimation of the exercise of freedom of information, since the graphic information is truthful, having been captured with the authorization of the president of the court.

Regarding the right to be forgotten, it considers that the publisher complied with the legal requirements of  use of personal on its website, since it omitted the use of the name and surnames as well as other personal data  when referring to the complainant.  Therefore, by virtue of the indexation that the search engines perform, it is impossible to obtain information about the facts using the name and surnames of the affected, although the original news can be read in its digital version on the Internet.

 

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