First Irish ‘Right To Be Forgotten' Case

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The first 'right to be forgotten' case in the Irish courts came before Dublin Circuit Civil Court in May 2016. Mark Savage, a former local election candidate, challenged a decision of the Data Protection Commissioner ("DPC") which supported Google's refusal to remove a link referring to him as "Dublin's homophobic candidate". The Circuit Court overturned the DPC's decision, and the case is now on appeal to the High Court. We consider the case.

What is the 'right to be forgotten'?

The concept of the 'right to be forgotten' was created by the EU's highest court, the CJEU, in the Google Spain case. Previously, individuals had the right, in certain circumstances, to request the deletion of their personal data. However, the court found an additional, specific right in respect of personal data processed by search engine providers, such as Google.