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Belgium: DPA investigates Google for refusing to delist links related to journalistic material

The Belgian Data Protection Authority (Belgian DPA) published its decision No. 171/2023, as issued on December 22, 2023, in which it dismissed an erasure request made against Google LLC. by an individual.

Background to the decision

The Belgian DPA outlined that it received a complaint from an individual following a refusal by Google to delist links from Google Search results. The contested links were related to press articles that conveyed accusations against a company of which the complainant was a director. Based on the complaint, the Belgian DPA investigated if Google had violated the complainant's right to erasure, based on the General Data Protection Regulation (GDPR).

Findings of the Belgian DPA

Following its investigation, the Belgian DPA noted that the complainant's right to delist press articles from a search engine depended on an analysis that balanced the complainant's right to data protection and the public interest regarding access to information. The Belgian DPA took the view that priority should be given to public accessibility to the information concerned.

Outcomes

Based on the above, the Belgian DPA decided to dismiss the complaint without further action. An appeal against the decision may be lodged within 30 days of its notification. 

You can read the decision, only available in French, here.

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