German rating portal Jameda was ordered to delete the listing of
a physician by the German Federal Court of Justice. The fundamental
right to data protection prevailed over the portal's right to
freedom of expression and freedom of the media because of the
specific placement of advertisement by the portal. The decision may
have significant impact on other rating platforms and search
engines, depending on business model.
The physician requested the deletion of her listing which the
portal had included without her consent. The physician argued a
violation of her personality rights, in particular data
protection.
In a previous case, the court had ruled that physicians may be
listed by the portal without their consent. The portal's right
to freedom of expression and freedom of the media had prevailed
over the right to data protection by the physician.
