Nov 052015
 November 5, 2015  Court, Non-U.S., Online

Sofia Fontanals and Samara Schaar write:

On 15th October 2015 the Spanish Supreme Court handed down its first ruling[1] on the so-called digital “right to be forgotten” in which it states that harmful information affecting individuals without public relevance should not be accessible to Internet search engines when the news has lost relevance over time.

The background of the case

The decision of the Court is based on the following facts: in the 1980s two people were involved in drug-trafficking and consumption. After being arrested, they were finally convicted for drug smuggling and imprisoned. A few years ago, after having served their sentence imposed for these facts and having remade their personal, family and professional life, they found out that by typing their names in the major Internet search engines (particularly, Google and Yahoo!), the news that once was published in a newspaper (El País) now appeared among the first search results, because such newspaper had digitized their library.

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