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Spain condemns Google for not erasing pardoned man’s digital footprint

The “right to be forgotten” allows people to ask Google to remove search terms that “damage” their honour. | Fountain: Photo by Pavel Chervinsky on Unsplash

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A court in the Spanish city of Barcelona (Northeast) delivered a verdict Google reimburse the person who sued them for moral damage and interference with honor 10,000 euros, since they did not erase his digital footprint from search engines and it appears that he was pardoned in 1999 for a crime committed in 1981.

In the verdict, the Barcelona court partially agrees with the plaintiff and obliges Google remove all personal information from his indexing and the caches in which his pardon was published, and reimburse him 10,000 euros for non-pecuniary damage caused by the “interference” with his right to privacy and honour.

Case

The plaintiff had asked for years ago to have his digital footprint erased, so in 2010 the Spanish Data Protection Agency called Google delete the data from his index and make it impossible to access it in the future, and the Barcelona court assessed in 2014 the first complaint he filed for an interference in his honor.

Despite this, the man confirmed that his pardon is still available through search engines. Googleto which he again appealed to the courts, which once again agreed with him, although the court ruled out the compensation requested by him of 51,200 euros and limited it to 10,000 euros.

The Barcelona Court of Justice emphasizes in its decision that “digital oblivion” extends to community rules that recognize the right to obtain “without undue delay” the deletion of data “when they are no longer needed in connection with the purposes for which it was collected or processed, when the consent on which the treatment was based is withdrawn or when the interested party objects to the treatment”, among other things.

The judgment also refers to the jurisprudence of the Spanish Supreme Court, which has determined that while the processing of personal data may be “inherently lawful”, it may “cease to be so over time”.

According to the Barcelona court, although the moral damage caused in cases of this type is “difficult to verify and quantify”, it is also “real”: “they are clearly caused by defamation and deterioration of the public image”. or pretense of personal or family dignity and privacy. (EFE)

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Source: RPP

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