Can I Claim the Right to be Forgotten?

Getting search results removed from Google, or any of the other search engines, can be vital for people who want to move on with their lives. If there are embarrassing photos on the internet, if you want to remove old newspaper articles from a search of your name, or if you want to delete private information online, the right to be forgotten is a vital tool. 

The right to be forgotten is a very useful mechanism for individuals who no longer want certain types of material appearing in a search of their name on internet search engines. But where does this right come from and how can it be used to your advantage?

What is the Right to be Forgotten?

Since a ruling of the European Court of Justice in May 2014, individuals have had the right to request that unwanted results are removed from internet search engines, if the information contained in the search result is irrelevant, outdated, or otherwise inappropriate. This is commonly known as the "right to be forgotten". 

If an application for the right to be forgotten is successful, the search engine provider blocks unwanted search results from a search of your name. This is not the same as the complete removal of material from the internet, but if information is no longer available in a search result, it can have largely the same effect. 

Who can apply for the Right to be Forgotten?

At present, only individuals can apply to search engines for the right to be forgotten. Corporate entities such as businesses, charities, or companies are not able to claim the right to be forgotten. 

Has Brexit Affected the Right to be Forgotten?

The right of people in the UK to make applications for the right to be forgotten has not been affected by Brexit. We are still regularly making these applications in the same way for our clients who are based in the UK and throughout the world. 

There do not appear to be any plans for this to change. 

However, if an appeal to the Information Commissioner's Office is required (which happens if an application for the right to be forgotten is unsuccessful), it would be necessary to appeal to the data control body in the country in which the applicant resides, if they are not in the UK. 

Why should I apply for the Right to be Forgotten?

Requests can be made for various reasons, for example:

• an individual has been mentioned in a newspaper article and they are now embarrassed about the content;
• if you were arrested or charged with a crime and then never convicted, or found not guilty, there may only be stories online which relate to your arrest, which could be very damaging;
• you may have been made bankrupt some years previously, but have been solvent ever since your bankruptcy came to an end;
• there is content online which discloses personal data about you, which could mean you are targeted or harmed in some way;
• the content contains information about your physical or mental health, your sexuality, religious beliefs or political views;
• there are embarrassing pictures of you online, that you would prefer people not to see; or
• you have been a victim of libel and you are beyond the deadline for bringing a claim against the publisher of the untrue statements.

Recent case law in England has confirmed that where someone has been convicted of a crime which is referred to in a search of their name, if they have led an otherwise blameless life, this should be taken into consideration. 

If the publication relates to a historic conviction, the application for the right to be forgotten is more likely to be successful if the conviction is spent, but this is not always the case. 

How is an application for the Right to be Forgotten made?

Applications are submitted to each search engine separately, using a specific form. We would usually recommend that applicants start with an application to Google, before moving on to Bing and Yahoo, as Google is by far the most widely used search engine in the UK. 

If material is going to be blocked, the request to the internet search engine has to include the correct information, such as the specific URLs to be removed, any variations on the name of the applicant which are used to carry out the search, and an explanation of why the removal should take place, within the scope of the European Court's ruling and subsequent court decisions. 

Each request is then examined on a case by case basis, by the internet search engine. 

Are Right to be Forgotten applications effective?

It is still very difficult to ensure that someone can be "forgotten" from the internet entirely. If someone makes a successful request to Google UK to have content removed, the underlying content (such as the newspaper article) will not be removed from the internet. However, the result would no longer appear in a search of the applicant's name, meaning that it would be far harder to find. 

If an application for the right to be forgotten is effective, the results are blocked not only from Google searches in the UK, but also from searches carried out within the rest of the EU. 

Google's geo-tracking software will also ensure that if someone uses google.com to carry out a search within the UK and the EU, the unwanted results would also be blocked. 

What if an application for the Right to be Forgotten fails?

If a request to the internet search engine is refused, that decision can be appealed to the Information Commissioner's Office. The ICO will re-examine the case and decide whether or not to direct the search engine to remove the link to the offending material.

The ICO's criteria are somewhat wider than the criteria used by the search engines. The ICO will give more consideration to the effect upon the applicant of the continued publication of the material, and will take into account whether they have any role in public life, whether they have been placed at risk of physical harm as a result of the publication, and whether there are any Data Protection Act issues which need to be considered. 

We can draft appeals to the ICO for you, if you have made the application for the right to be forgotten yourself, or if we have submitted it to the search engine on your behalf. 

How long do Right to be Forgotten applications take?

Once we have your instructions, we are generally able to make an application for the Right to be Forgotten within a few days. Although the time for a response from Google and other search engines can vary, in general, you will have a result within a few weeks. So far, our record for a response from Google was ten minutes, and the unwanted material was removed from search results that day. 

Generally, if the application is successful, the link to the offending material will be broken straight away. 

If my application is successful, can results return?

The only way in which previously blocked search results can reappear in a search of your name, is if the URL (the web address which links to the material) is altered in any way. 

This can happen, particularly if older news stories move to an archive section of the paper's website, and so it is worth checking every few months to ensure that results have not reappeared. If they do reappear, the process for applying to have the result removed again is relatively straightforward. 

How much do Right to be Forgotten Applications Cost?

Search engines such as Google do not charge a fee for considering right to be forgotten applications, but you will need to pay for your solicitor's time for preparing the application and submitting it on your behalf.

At Samuels we charge a low fixed fee for preparing for and submitting right to be forgotten application. Once you have told us how many URLs there are, we will be able to tell you what the fee will be. 

We also assist clients with appeals to the Information Commissioner's Office again for a fixed fee. 

What should I do next if I want to claim the Right to be Forgotten?

If you want to remove old or unwanted search results from Google, or from any other search engine, our expert solicitors can help. 

Complete our online form below to instruct us to submit a request to Google on your behalf, or contact us for a fee no obligation discussion about how we can help with your reputation management issues.