Hashavim H.P.S. Business Data v. Directorate of Courts
Case Law- Country
- Country Location
Latitude: 31.832202543391414
Longitude: 34.822003841400154
- Country Location (Lié Case Law)
- Israel
- Decision Date
- 12 nov. 2015
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Law or Action Overturned or Deemed Unconstitutional
- Keywords
- Access to Information
- Open Court Principle
- Right to be Forgotten
- Judicial Body
- Suprême (cour d'appel de dernière instance)
- Case Number
- HCJ 5870/14
- Case Summary
The Supreme Court of Israel struck down a requirement to automatically de-index from search engines decisions that had been made available by commercial databases but were originally obtained from the official database of the Court of Administration. The Supreme Court made reference to the “right to be forgotten”, but observed that no guidance had been provided by the Court of Justice of the European Union since the seminal Google Spain judgment about how to approach the indexing of judicial decisions. The Supreme Court concluded that the Court of Administration requirement did not protect the privacy of the litigants and, instead, imposed a disproportionate restriction on the right to access court decisions.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw (self)
- Source Name and URL
- Columbia Global Freedom of Expression