The National Court has denied the right to be forgotten to a murderer Nagor lavaji, the girl who died during the Sanfermines in 2008 after being brutally beaten by José Diego Yllanes. It does this by protecting itself in freedom of expression and media, which is one of the rights that this option that it seeks collides with Removal of personal information From search engines.
It was Yelanis He was sentenced to 12 and a half years in prison for murder A few months after the end of his sentence, he requested this, first from Google and then from the Spanish Data Protection Agency Delete news Which gathered information about the events and his subsequent parole.
One of the arguments he used was that although he had not committed any sexual crime, some in the media had linked him to it. The sentence explains that this happened when talking about other situations that occurred during the sanfermin, such as the case of the herd for example. And the connection between cases is just that The victims are women.
In addition, despite the fact that Yllanes did not commit the sexual assault, the cause of the battery could have been his Nagor Lavaji refused to have sex.
A symbol against male violence
In any case, the ruling of the Administrative Disputes Chamber weighs the conflicting rights and concludes that in this case The right to freely obtain information must prevail Freedom of opinion regarding the protection of personal data.
The Chamber explains that the plaintiff was convicted of the murder he committed Special effect The circumstances of the incident and the moment in which it occurred, which justify the public interest. The ruling states that Nagor's case is also one of the symbols of the fight against gender-based violence in Spain.
He also adds that Google's data processing is initially considered lawful “given the content of the information, the existence of a criminal process in which the plaintiff was convicted, The nature and circumstances of the facts And the short time that passed.”
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