European Court of Human Rights, L.M. and W.W. v. Germany

After the judgment by the Court of Justice of the European Union in the Google Spain case (see IRIS 2014-6/4), and the explicit recognition in Article 17 of the General Data Protection Regulation (2016/679) of the right to erasure (‘right to be forgotten’) (see IRIS 2018-6/7), the European Court of Human Rights (ECtHR) has also introduced and applied important principles with regard the ‘right to be forgotten’ in the perspective of both Article 8 (right to respect for private life) and Article 10 (right to freedom of expression) of the European Convention on Human Rights (ECHR). In its judgment of 28 June 2018 the ECtHR dismissed an Article 8 ‘right to be forgotten’-application in respect of online information on German media portals concerning a murder conviction of two persons, M.L. and W.W