Can I apply for the Right to be Forgotten?

As society increasingly shifts into the digital realm, concerns about online digital footprints have become more prominent. The Right to Be Forgotten offers a valuable tool for individuals seeking to manage their online presence and reclaim control over their online reputation.

Material is constantly circulated online, and is no longer consigned to the rubbish bins of history. 

 

What is the Right to be Forgotten?

The Right to Be Forgotten in the context of internet searches, allows individuals to request the removal of certain personal information from search engines and online platforms. This may include things such as embarrassing photos or newspaper articles that appear when your name is searched.

The Right to Be Forgotten gained prominence after a 2014 ruling by the Court of Justice of the European Union (CJEU) in the case of Mario Costeja González, who sought the removal of links to a newspaper article about his financial troubles. The court ruled that search engines like Google must consider requests to de-index links to personal data deemed "inadequate, irrelevant, or excessive."

After Brexit, the UK retained key elements of EU data protection law through the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

Under the UK GDPR, individuals can request the erasure of their personal data if it is no longer necessary for its original purpose or if consent is withdrawn, allowing them to effectively invoke their Right to Be Forgotten.

Currently, only individuals can apply to search engines for the Right to Be Forgotten. Businesses or other corporate entities cannot do so.

This means that if you are a private individual seeking to break the link with unwanted search results tied to your name, you have the legal standing to do so.

 

Reasons to Ask For the Right to be Forgotten?

There are numerous motivations for initiating a Right to Be Forgotten application, including:

• Reputation Management: Negative information, such as embarrassing articles or past legal issues, can adversely affect personal and professional lives. Removing such information can help mitigate potential damage.

• Professional Considerations: For professionals, maintaining a positive online presence is crucial. Removing negative content can enhance job prospects and career opportunities.

• Outdated Information: Over time, certain data may no longer reflect an individual’s current circumstances or views, prompting requests to remove links to old news articles or social media posts.

• Privacy Protection: Individuals may wish to protect their personal information from public access, especially when it comprises outdated or irrelevant data.

• Harmful Content: In cases where misleading or defamatory information is available online, individuals may seek removal to protect their emotional well-being and public profile.

 

How Do I Apply for the Right To Be Forgotten?

Individuals wishing to exercise their Right to Be Forgotten can submit a request to the relevant search engine or organisation. The request should clearly outline the reasons for removal and include the specific URLs or information in question.

Each application is examined on a case by case basis, with organisations required to balance the individual's privacy rights against public interest considerations.

If your application is successful, the search engine will block unwanted search results from appearing when your name is searched. It is important to note that this does not remove the underlying content from the internet; it simply prevents it from being linked to your name in search results.

If you want to remove old or unwanted search results from Google, or from any other search engine, our expert solicitors can help, contact us for a fee no obligation discussion about how we can help with your reputation management issues.