On October 25, 2024, the Belgian Data Protection Authority (Belgian DPA) issued its decision no. 134/2024 in which it dismissed a request to delist links made against Google LLC and Google Belgium SA (collectively, Google) by an individual on the basis of Article 17 of the General Data Protection Regulation (GDPR).

Background to the decision

The Belgian DPA received a complaint from an individual after a refusal to delist two links relating to press articles stating that the complainant was convicted of raping a minor.  

Findings of the Belgian DPA

The Belgian DPA noted that the complaint was initially directed at the news editor who published the articles. However, subsequent mediation and investigation were done with Google. In light of that, the Belgian DPA concluded that the complainant did not originally direct their erasure request to Google.

As for the request for deletion, the Belgian DPA considered that Article 17(3)(a) of the GDPR precludes the deindexing of the links. In the view of the Belgian DPA, the balance between access to information and the protection of privacy leaned in favor of freedom of expression, based on the following reasons:

• the seriousness of the facts contained in the press articles;
• the absence of dispute over the veracity of the facts in the press articles;
• the seriousness of the authors; and
• the time elapsed since the facts, which took place in 2005.

Outcomes

The Belgian DPA decided to dismiss the complaints 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.