On March 4, 2024, the Supreme Court of Spain published a decision in Case STS 1401/2024 regarding the right to request the erasure of partially inaccurate data of a deceased person.

Background to the decision

The Supreme Court highlighted that the decision, dated September 6, 2019, of the Spanish data protection authority (AEPD) rejected the appellant's claim against Google LLC for not having addressed their right to deletion of 18 URLs showing the personal data of his deceased father as judicial secretary of the Military Press Court that instructed the criminal case against an individual.

The Supreme Courted noted that the AEPD dismissed the appeal for reconsideration from the appellant by a decision dated December 3, 2019. The appellant proceeded to make two appeals before the first and second instance courts, which were dismissed and then appealed before the Supreme Court.

Findings of the Supreme Court

The Supreme Court stated that under Article 3(1) of the Organic Law 3/2018, of 5 December 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), certain data subject rights can be claimed by the relatives and heirs of the deceased data subject. However, the general rules regarding the right to be forgotten, as prescribed under Article 15 of the LOPDPGDD and, by extension, Article 17 of the General Data Protection Regulation (GDPR), continue to apply, meaning the right is not absolute and must be balanced against other fundamental rights, such as freedom to expression and of information and scientific and technical creation and production.

The Supreme Court held that information had an unquestionable public interest as it was part of a historical and scientific investigation, and that the passage of time does not diminish the interest surrounding the death of the individual.

Outcomes

In light of the above, the Supreme Court dismissed the appeal filed by the appellant without condemning any of the parties to pay the costs of the appeal.

You can read the judgment, only available in Spanish, here.