A negative news story in Spanish can stay at the top of your search results for years, whether you live in Spain, own a business there, or only spent a short time in the country. Spain is where the modern right to be forgotten began, but it is a balancing test and not an automatic right. This guide explains how it works and what is realistic.
Where the right to be forgotten came from
The right to be forgotten in Europe traces back to a Spanish case. A Spanish citizen complained to the Spanish Data Protection Agency (AEPD) about an old notice in a newspaper. In 2014 the Court of Justice of the European Union ruled that search engines are responsible for the personal data they list and may, in some circumstances, have to stop showing certain links when someone searches a person’s name.
Freedom of information versus privacy
Freedom of information is a fundamental right in Spain, so truthful reporting on matters of public interest is strongly protected. Courts weigh the accuracy of the story, the time that has passed, whether you are a public figure, and whether the story is still relevant. Old news about a private person is treated differently from recent news about someone in public life.
GDPR Article 17 and Article 93 of the LOPDGDD
Article 17 of the GDPR sets out a right to erasure, with an exception where processing is needed for freedom of expression and information. Spain’s Organic Law 3/2018 (LOPDGDD) adds Article 93 on the right to be forgotten in internet searches, and Article 94 for social networks. The AEPD supervises these rights and can step in where a search engine refuses a request.
Delisting is not deletion
Delisting means the story stops appearing when your name is searched, while the article stays on the publisher’s website. Deletion means removing it at the source. News media have particular protection because of their role, so courts tend to be more willing to limit how an article is found through search engines than to order it erased.
Digital newspaper archives and the Constitutional Court
In 2018 the Spanish Constitutional Court looked at two people convicted decades earlier whose cases still appeared in a newspaper’s digital archive. It accepted that the archive could stay online, but said the newspaper should stop it from being found through name searches when the information had lost public relevance. The ruling shows how Spanish courts try to protect both the historical record and personal privacy, although each case turns on its facts.
Honour, correction and false reports
If an article contains false statements that damage your reputation, other laws may apply. Organic Law 1/1982 protects the rights to honour, privacy and one’s own image, and Organic Law 2/1984 governs the right of correction for inaccurate information. Harsh criticism or an uncomfortable but true report is generally not treated as a violation.
What to realistically expect
A true, recent story of public interest is unlikely to disappear. Chances improve with the passage of time, a favourable outcome in your case, no public profile, or inaccurate content. Often the practical aim is to reduce visibility and build accurate, positive results about who you are now. No credible provider can guarantee a result.
This is general information, not legal advice. Laws and case law change and every situation is different, so speak to a Spanish lawyer who specialises in data protection and honour rights about your own case.
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