Anonymous Applicant v. Federal Board of Conciliation and Arbitration
Case Law- Country
- Country Location
Latitude: 22.450275925480113
Longitude: -99.67675799131331
- Country Location (linked Case Law)
- Mexico
- Decision Date
- Mar 16, 2011
- Case Status
- Closed
- Case Outcome (Procedural)
- Affirmed Lower Court
- Case Outcome (Disposition)
- Injunction, Order, or Motion Denied/Vacated
- Keywords
- Access to Information
- Privacy
- Right to be Forgotten
- Case Number
- 4198/09
- Case Summary
The Mexican Federal Institute of Access to Information and Data Protection (FIAIDP) ruled that personal information relating to an individual involved in labor disputes that was published in official news bulletins constituted an historical record and therefore should not be deleted. The applicant was involved in a labor dispute before the Federal Board of Conciliation and Arbitration (Board), which had served legal documents concerning the case to the applicant through its official bulletin that was published and archived online. The applicant requested the Board remove his private data from the online bulletin because it exposed him to social and employment discrimination. The Board refused, explaining that it could only revise and not delete information. The FIAIDP upheld this refusal affirming the Board’s legal obligation to publish the bulletins as a public record of its activities and therefore the deletion of the applicant’s personal data from the bulletins and the Board’s archives would not be appropriate. However, the FIAIDP ruled that the Board should take steps to de-index the information concerning the applicant from search engine results since that would be in line with the “right to be forgotten,” which every person has in relation to his or her personal data.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw (self)
- Related Law
- Source URL
- Columbia Global Freedom of Expression