The right to be forgotten in Japan

While the right to be forgotten can has b found in rulings in lower courts, the Supreme Court Decision on 31^st January 2017 did indicated the criteria of deleteing a posting on website.

The claimant who was convicted by sexual conduct with minor asked to Google to delete posting related to his criminal case. The Saitama District Court approved the claim, admitting his right to be forgotten, however the upper court, the Tokyo Higher Court, overturned the initial ruling.

The Supreme Court approved the original decision, rejected the claimant’s argument.

http://www.courts.go.jp/app/files/hanrei_jp/482/086482_hanrei.pdf

The ruling indicated that the postiong on website could be deleted when the claimant’s interest not disclosing privacy apparently exceeds the freedom of expression, considering the feature and content of the case, damages of claimant’ s interest harmed by posting maintained, claimant’s status and influence, the aim of posting; if the damages of the claimant apparently exceedd the the public interest, the posting should be deleted, the cout said. 

In the case, the claimant posting was related to public interest and did not exceed to the claimant’s interest of privacy, whereas the claimant lived ordinary life with wife and children, and did not commit any criminal conduct.

It did not approved and mentioned the claimant’s right to be forgotten.

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