Support from the GDPR through the 'right to be forgotten'
Posted: Tue Dec 17, 2024 3:07 am
These 'relay websites' generally do not adhere to the 6-month term, if they have a publication term at all. For many (both business and personal) bankrupts, it means that the information about their bankruptcy is accessible to everyone for an indefinite period.
A second problem of these reposting websites is that the current status of the bankruptcy is lost sight of by many websites. For example, only the bankruptcy declaration is published and not the termination of the bankruptcy. For companies that are making a fresh start, or if there is a takeover of the trade name from a bankrupt estate, this can cause major problems.
The third and most important problem is that with these types of websites the information is indexed by search engine operators (Google, Bing, Yahoo etc.). After a search, the information about the bankruptcy, even 10 years later, still appears at the top of the list of search results. Potential customers will probably decide not to do business with you based on this information. While you do not even get the opportunity to explain the situation.
The relocation websites also process personal data. Their processing falls in principle within the scope of the GDPR. This means that the bankrupt is entitled to certain rights. By invoking one of these australia telegram data 3 million rights, the GDPR may be able to provide assistance to the bankrupt and protect its reputation.
Also read: Becoming truly GDPR-proof? Employees are the most important link
One of the rights that the bankrupt entrepreneur is entitled to is the 'right to be forgotten', included in Article 17 of the GDPR. For the application of Article 17 of the GDPR, a balance must be struck between the right to privacy of the data subject on the one hand and the legitimate interest of the data processor on the other. In the case of web pages and search engine operators, this is often an economic interest.
In addition, the interests of internet users who may want to access the relevant search results play a role. In this respect, the right to privacy of the data subject in principle outweighs the interests of the search engine operator or the internet users (Supreme Court 24 February 2017, ECLI:NL:HR
316, paragraphs 3.5.4 to 3.5.6).
Natural persons and legal entities
In 2016, the Council of State ruled that personal data in online bankruptcy reports constitute an unacceptable infringement of the right to privacy of the natural person concerned (RvS 19 October 2016, ECLI:NL:RVS
2743). This ruling therefore seems to imply that online publications automatically constitute an unacceptable infringement of the privacy of the bankrupt. Unfortunately, data processors do not always agree with this. A weighing of interests on the basis of Article 17 is therefore still important.
A second problem of these reposting websites is that the current status of the bankruptcy is lost sight of by many websites. For example, only the bankruptcy declaration is published and not the termination of the bankruptcy. For companies that are making a fresh start, or if there is a takeover of the trade name from a bankrupt estate, this can cause major problems.
The third and most important problem is that with these types of websites the information is indexed by search engine operators (Google, Bing, Yahoo etc.). After a search, the information about the bankruptcy, even 10 years later, still appears at the top of the list of search results. Potential customers will probably decide not to do business with you based on this information. While you do not even get the opportunity to explain the situation.
The relocation websites also process personal data. Their processing falls in principle within the scope of the GDPR. This means that the bankrupt is entitled to certain rights. By invoking one of these australia telegram data 3 million rights, the GDPR may be able to provide assistance to the bankrupt and protect its reputation.
Also read: Becoming truly GDPR-proof? Employees are the most important link
One of the rights that the bankrupt entrepreneur is entitled to is the 'right to be forgotten', included in Article 17 of the GDPR. For the application of Article 17 of the GDPR, a balance must be struck between the right to privacy of the data subject on the one hand and the legitimate interest of the data processor on the other. In the case of web pages and search engine operators, this is often an economic interest.
In addition, the interests of internet users who may want to access the relevant search results play a role. In this respect, the right to privacy of the data subject in principle outweighs the interests of the search engine operator or the internet users (Supreme Court 24 February 2017, ECLI:NL:HR
316, paragraphs 3.5.4 to 3.5.6).Natural persons and legal entities
In 2016, the Council of State ruled that personal data in online bankruptcy reports constitute an unacceptable infringement of the right to privacy of the natural person concerned (RvS 19 October 2016, ECLI:NL:RVS
2743). This ruling therefore seems to imply that online publications automatically constitute an unacceptable infringement of the privacy of the bankrupt. Unfortunately, data processors do not always agree with this. A weighing of interests on the basis of Article 17 is therefore still important.