Saturday, September 25

A judge endorses keeping the name of the court clerk who prosecuted the poet Miguel Hernández on the Internet

The Contentious-Administrative Court number 3 of Alicante has declared the refusal of the University of Alicante (UA) to eliminate from its Internet search engines the name of the court clerk who instructed the summary procedure against the Oriolano poet in accordance with the law Miguel Hernandez.

The sentence, which can be appealed, dismisses the claim for the so-called “right to be forgotten” that the son of the aforementioned had presented against the resolution issued on July 29, 2019 by the rector of the academic institution.

The appellant requested that the UA digital repository not redirect Internet users to the article entitled ‘The Diego San José Case and the Humorist Judge’ – written by a university professor and which analyzes the role of the Special Press Court between 1939 and 1943- when entering the personal data of his parent.

The magistrate understands that “the scientific freedom of the researcher in a historical research work must prevail, over the protection of personal data, when the information it contains has relevance or public interest”.

“Knowing the name of the people who exercised authority and public functions, such as the judge and the court clerk, in addition to being closely related to the very purpose of the investigation, is in the public interest”, concludes the judge.



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