Right To Be Forgotten, Remove Unwanted Content

What does Right To Be Forgotten mean?

The Right to Be Forgotten, which applies only in Europe, allows individuals to request that personal information, images, or videos be removed from the internet, preventing them from appearing in search engine results. Rooted in European data protection law, this right was solidified by a 2014 European Court of Justice ruling in the ‘Google Spain case,’ which requires search engines to remove data that is outdated, irrelevant, or no longer necessary.

The ruling only applies to a personal issue, meaning you can’t submit a الحق في النسيان request for business or commercial content, images or videos.

What does Right To Be Forgotten mean? Can it delete personal data?

Who Can Make a Request?

The right to be forgotten empowers individuals to request the erasure of their personal data from data controllers. This right isn’t confined to just individuals; in certain circumstances, legal entities such as corporations can also make such requests. However, the request must be initiated by the data subject themselves or a legally authorized representative. In some instances, heirs or legal representatives can make a request on behalf of a deceased person, ensuring that their personal data is also protected.

When to Submit a Request

You can submit a request to exercise the right to be forgotten at any time, but it’s crucial to consider the specific circumstances surrounding your request. For example, if you previously consented to the processing of your personal data, you might need to withdraw that consent before requesting erasure. Additionally, if you have objected to the processing of your personal data, you may need to provide supporting evidence for your objection. Understanding these nuances can help ensure that your request is processed smoothly.

Can I erase personal data and remove unwanted content about myself online?

You can, but there are certain criteria.

Right To Be Forgotten requests involve scrubbing personal references from search engines such as press coverage, outdated articles, pictures or videos and social media and directory services containing personal information. When you make an application, Google will balance your privacy rights with what's in the public's interest to know and the right to distribute information.

What do I need to submit a Right To Be Forgotten application under data privacy law?

To be able to submit a request under the Right to Be Forgotten law, you will need:

Details of the web address or link that you are requesting to be removed.
The full search term, for example, your name.
Reasoning as to why you feel the link is ‘irrelevant’, ‘not in the public interest’ or ‘outdated’. This reasoning should be aligned to the EU ruling and cite law wherever possible.

The request must pertain to personal data relating to the individual making the request.

For more information, and to find out how Igniyte can help you with Right To Be Forgotten applications, please get in touch.

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Right to be Forgotten, Igniyte International

Reasons why search engines like Google could refuse a Right to Be Forgotten application

Google balances your privacy rights with the public’s right to know and distribute information. They can refuse applications where there’s an alternative solution, technical reason, or duplicate URL. They may also decline to delist information if the page contains content that is strongly in the public interest, or if it’s necessary for defending legal claims. This is where it gets complex, as many factors are considered, such as a person’s professional life, a past crime, political or public position, or whether the content is self-authored, in a public document, or journalistic.

It’s suggested that Google receives over 10,000 link removal requests per day, highlighting the need for a strong and professional application to ensure delisting. In some cases, Google may determine that there are overriding legitimate grounds for retaining information, which outweigh the individual’s privacy rights.

When making a Right to Be Forgotten request, it’s best to consult experts like إشعال, who can handle the legal aspects. Google will assess each request on a case-by-case basis, and often asks for more information.

Effect of Removal

When a request under the right to be forgotten is granted, the data controller is obligated to erase the personal data from their systems and take reasonable steps to inform other data controllers about the erasure. This ensures that the data is no longer processed or made available to the public. However, it’s important to note that this right is not absolute. It may be limited by other rights, such as the right to freedom of expression and information, which means that some data may still remain accessible under certain conditions.

Right to be Forgotten is not part of the general data protection regulation

Implementation and Enforcement

The responsibility for implementing and enforcing the right to be forgotten lies with the data controller. They must have robust technical measures in place to ensure that personal data is erased in compliance with the General Data Protection Regulation (GDPR). This includes implementing data retention policies, securely deleting data, and training staff on the right to be forgotten. Additionally, data controllers must adhere to local laws and regulations, such as the Data Protection Act 2018 in the UK. Non-compliance can result in significant fines, up to 1,000,000 euros or up to two percent of the data controller’s annual worldwide income, underscoring the importance of adhering to these regulations.

الحق في النسيان

Unwanted online content can be severely damaging to your reputation and can impact you in many ways.