The Case of Revista Fortuna
Case Law- Country
- Country Location
Latitud: 22.450275925480113
Longitud: -99.67675799131331
- Country Location (vinculado Case Law)
- Mexico
- Decision Date
- 7 jul 2016
- Case Status
- Cerrado
- Case Outcome (Procedural)
- Remanded for Decision in Accordance with Ruling
- Case Outcome (Disposition)
- Law or Action Overturned or Deemed Unconstitutional
- Keywords
- Right to be Forgotten
- Right to Fair Trial
- Search Engines
- Case Number
- 74/2012
- Case Summary
The Seventh Collegiate Circuit Tribunal of the Auxiliary Center of the First Region (Tribunal) granted the owner of a website amparo against a decision that a number of its URLs be de-indexed from Google Mexico. The Federal Institute of Access to Information and Protection of Data (FIAIPD) had issued a decision in favor of an individual who had exercised his right of opposition against the indexing of URLs on Google Mexico’s search engine that linked to a news article in which he is named. This decision was reached without submissions being made by the representatives of the website's owner. The website’s owner presented a writ of amparo against the decision, claiming it violated her right to freedom of expression and her due process right to be heard in matters affecting her rights. The Tribunal agreed that the website owner's right to be heard had been infringed, and it ordered the FIAIPD to suspend its original decision and reopen the data protection proceedings so the owner could exercise her right to be heard.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression