The right to be forgotten is a concept that has gained increasing attention in recent years. This comprehensive guide will explore what the right to be forgotten is, why it is important, and how it can be applied to protect your privacy online.

The right to be forgotten is the right to request the removal of personal information from the Internet, particularly from search engines such as Google. This right is also recognized by the Court of Justice of the European Union (CJEU) in 2014 in the Google Spain ruling.

The CJEU has ruled that the right to be forgotten applies when the disclosure of personal information is no longer relevant to the public and is likely to cause significant harm to the individual. For example, if an individual has been convicted of a crime and has served his or her sentence, he or she has the right to request the removal of data related to the crime from search engines.

Right to be forgotten: privacy protection in the digital world

The right to be forgotten, then, is a legal concept concerning the protection of people’s privacy in the context of the digital age. But what exactly does it mean? In this article, we will explore how the right to be forgotten works, its legal implications, and how it can affect your online privacy.

How the right to be forgotten works

The right to be forgotten, therefore, is a principle that allows people to request the removal of personal information from search engines and websites when that information is obsolete or irrelevant. This right is especially relevant in an age when information about individuals and companies is easily accessible through online research.

The legal basis of the right to be forgotten

The right to be forgotten is based on various legislation and case law. Among these, the most important include:

1. The Court of Justice of the European Union (CJEU): the CJEU established the right to be forgotten in the Google Spain SL case, Google Inc. v AEPD, Mario Costeja González in 2014.
2. The General Data Protection Regulation (GDPR): the GDPR, which came into effect in May 2016, further strengthened the right to be forgotten by introducingArticle 17, also known as the “right to erasure” or “right to be forgotten.”
3. National laws: many countries, including Italy, have introduced specific laws to regulate the right to be forgotten in their national context (see in this regard Sent Cass. Sect. Un. Civ. n. 19681/2019).

Situations in which the application of the right to be forgotten can be requested include:

• Obsolete or no longer relevant information (even in the case of a criminal conviction)
• Inaccurate or misleading data
• Information that violates the individual’s privacy

However, it is important to note that the right to be forgotten is not absolute and can be balanced with other rights, such as freedom of expression and the right to information.

Why is the right to be forgotten important?

The right to be forgotten is important to protect people’s privacy and reputation. The Internet has made it very easy for anyone to access personal information, even if it is outdated or irrelevant. This can cause damage to people’s reputations and private lives, especially if the information is embarrassing or damaging. The right to be forgotten allows people to control the information that appears on the Internet about their private lives, protecting them from potential harm. However, it is important to strike a balance between the right to be forgotten and freedom of expression and information, which are equally important.

What are the exceptions to the right to be forgotten?

The right to be forgotten is not absolute, and there are some exceptions where information can remain online even if a person has requested its removal. For example, if personal information is of public interest, as in the case of a public figure, the right to be forgotten cannot be exercised. Again, information related to facts of public interest, such as recent crimes committed by a person, can be kept online if the public interest outweighs the individual’s right to privacy. In addition, information affecting freedom of expression and press freedom can be kept online if it is in the public interest and if it does not violate the rights of the individual.

Google’s right to be forgotten: what it is specifically and how it works

The Google right to be forgotten is a recognized right in Europe that allows people to request the removal of sensitive personal information from Google search results. This right was introduced to ensure the protection of people’s privacy and reputation.

Under the General Data Protection Regulation (GDPR), individuals have the right to request the removal of personal information on Google if that information is outdated, inaccurate, irrelevant, or excessive. However, this right is not absolute and can be balanced with the right to freedom of expression and information.

The Italian Supervisory Authority recently issued a measure on June 20, 2019 , stating that people have the right to be forgotten even if their personal data on the Internet does not include their first and last names. This right can be invoked when the data indirectly identify him or her through “ elements characteristic of the cultural and social identity of the data subject “.

To make a Google removal request, you must fill out an online form and provide the requested information. Google will evaluate the request based on the criteria set by the RGPD and decide whether or not to remove the information. If the request is accepted, Google will remove the specific search results, but not the original content.

To exercise your right to be forgotten, you must send a request to Google, indicating the personal information you wish to remove and the reasons for your request. Google will evaluate the request and, if it deems it well-founded, remove the personal information from search results.

The right to be forgotten is not absolute, and there are some cases in which it cannot be exercised. For example, if personal information is of public interest, as in the case of a public figure, the right to be forgotten cannot be exercised.

The right to be forgotten is an important right that can help people protect their privacy and protect their reputation. If you believe that your personal information is being published online inappropriately, you can exercise your right to be forgotten by requesting that the information be removed from Google.

Here are some tips to increase the chances that your right to be forgotten request will be granted by Google:

• Be specific and concise. Indicate exactly what information you wish to remove and explain why it is harmful to you.
• Provide evidence to support your claim. For example, you can attach a copy of the CJEU ruling or a copy of documentation showing the date of the criminal conviction.
• Be polite and respectful. Remember that Google is a business and has the right to reject your requests.

Follow these suggestions and you will increase the chances that your right to be forgotten request will be granted by Google.

In recent years, the concept of the“digital right to be forgotten,” that is, the right of individuals to be forgotten by the Web and search engines, has been gaining ground. In particular, the ruling “Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González” of the European Court of Justice in 2014 established the right of users to request the removal of obsolete or irrelevant links and results from Google search results.

Being forgotten by Google and other search engines is critical to getting a digital “second chance” and not being forever associated with old negative news or past episodes. First-page results on Google affect a person’s online image and can influence his or her job opportunities, personal relationships, and long-term reputation. Therefore, important companies and professionals should make efforts to improve their profiles on Google and social networks, and if necessary resort to legal action to request the modification or removal of certain results.

Although a dedicated SEO, and digital PR strategy, can provide a strong impetus for more current and favorable results about a subject to prevail over past ones, thus improving authority and chances of first-page rankings on Google, since getting better rankings in natural search results is one of the most effective ways to proactively exercise one’s right to be forgotten and increase control over one’s digital reputation, it is good to take legal action as well.

European legislation on the right to be forgotten

In 2014, the Court of Justice of the European Union ruled that people have the right to ask search engines to remove results that contain outdated or irrelevant information. This ruling was later incorporated into the General Data Protection Regulation (GDPR) in 2018.

EU citizens can now submit a removal request to search engines if they believe a result is outdated, inappropriate, or harmful to their reputation. However, search engines may deny the request if they believe the information is in the public interest.

How to submit a removal request

If you believe the right to be forgotten applies to your situation, follow these steps to submit a removal request:

1. Identify the search engine or website that hosts the information you wish to remove.
2. Look for the specific removal request form for the search engine or website. For example, Google has a dedicated form for requests related to the right to be forgotten, and one dedicated to the removal of defamatory content, this one. While for “local” google content, go here.
3. Fill out the form with the requested information, including your name, email address, and details about the information you wish to remove.
4. Provide a detailed explanation of why you believe the information should be removed and why it is no longer relevant or up-to-date.
5. Wait for a response from the search engine or website. These can take several weeks to review your request and decide whether or not to remove the information.

Limitations and challenges

The right to be forgotten presents some challenges and limitations. For example, privacy laws vary from country to country, which can make it difficult for people to navigate the removal process. In addition, search engines and websites may deny requests if they believe the information is in the public interest.

In addition, the right to be forgotten applies only to search engines and websites operating in the European Union. This means that the information may still be available on search engines and websites outside the EU.

The impact of the right to be forgotten on your online privacy

The right to be forgotten can have a significant impact on your online privacy. Here are some of the possible effects:

• Removal of personal information from search engines: the right to be forgotten may allow you to request the removal of personal information from search engine results, thereby protecting your online privacy.
• Limiting access to outdated information: if information about you is no longer relevant or up to date, the right to be forgotten can help limit access to that information.
• Online reputation protection: the right to be forgotten can be used to protect your online reputation by removing harmful or inaccurate information.

In conclusion, the right to be forgotten is an important tool to protect people’s privacy in the digital age. However, it is essential to be aware of the regulations and procedures in place in your country, as well as the limitations of this right, in order to use it effectively and responsibly.

Sources:

• Court of Justice of the European Union, Case C-131/12
• Regulation (EU) 2016/679
• Dedicated Google form

How can I help you

As an expert in digital law and online privacy, I can help you understand your rights and exercise your right to be forgotten at Google.

I can assist you in completing the request form and communicating with Google to ensure that your request is properly evaluated.

In addition, I can offer advice on how to protect your online privacy and on managing your online reputation. Protecting your privacy and reputation is very important, and I am committed to providing you with professional and comprehensive service.

Conclusions

Given the importance of this issue, the right to be forgotten will undoubtedly be the subject of further case law developments and new requirements from search engines. But one thing is certain: for users, businesses and professionals alike, the significance of one’s results on the first page of Google is increasingly central to the online presentation of one’s identity.

The right to be forgotten on Google is an important right that ensures the protection of people’s privacy and reputation online.

As a legal professional, I have already helped several people “disappear” online from sites harmful to their eputation by applying the right to be forgotten to the letter (in some particular cases, even one well-written PEC was enough). I can do the same with you where the case allows.

So if you need assistance with requesting removal of personal information on Google or managing your online privacy, I’m here to help.

Contact me for more information and a personalized consultation via this page: https://orestemariapetrillo.it/servizi/#contatti.