Images of a private nature at Google under judicial scrutiny: court poised to make groundbreaking ruling
In a significant legal proceeding, a woman in Munich has filed a lawsuit against Google, seeking to establish whether the tech giant is obligated to permanently remove stolen intimate images from its search results. The case, confirmed by the Munich I District Court, was filed in 2023, and Google has until the end of September to respond, although the court date has not yet been set.
The lawsuit, made public by the non-profit organisation HateAid, stems from the widespread distribution of private images of the plaintiff, primarily found on small porn websites and via Google Image Search when certain search terms are combined with the couple's real names. HateAid claims Google shares responsibility for the distribution of these images.
The plaintiff, who has moved and changed jobs due to the images being discovered online, argues that Google is bound by the General Data Protection Regulation (GDPR) as it processes personal data when displaying the images. The goal of the lawsuit is to ensure that all previously reported and identical images are no longer displayed in Google Search.
Google acknowledges that it can be distressing when content is shared online without permission and considers the issue of combating the spread of such images as a complex challenge. The company has developed protective measures to respond to reports of such content, and in most cases, it has removed the hits upon request. However, the images continue to be uploaded and displayed in the image search.
HateAid has asked Google not to display the images and slightly altered versions in the future, but the company has not complied. As a result, the organisation reports around 2,000 search engine hits within one and a half years for the plaintiff's case. People from the woman's personal and professional environment have also found the images through Google Search.
The mass distribution of the images has significantly increased the plaintiff's distress. The plaintiffs argue that Google must guarantee the "right to be forgotten" as set out in the GDPR. A landmark court ruling will determine whether Google can be obliged to remove the images from its search results under the GDPR.
HateAid advises and supports people who experience violence online. If you find yourself in a similar situation, it's essential to seek help from organisations like HateAid, which can provide guidance and support during challenging times.
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