How to use the Right to be Forgotten

In the modern digital world, content posted online, whether an outdated newspaper article, or an old social media profile, can have a long lasting impact on your personal or professional reputation. Fortunately, UK and EU law provides individuals with various legal options to manage and have control over their digital footprint.

The Right to Be Forgotten Explained

The right to be forgotten was first established by the Court of Justice of the European Union in the case of Google Spain SL v AEPD and Mario Costeja González in 2014.

The right to be forgotten allows individuals to apply to search engines, to have unwanted search results blocked from a search of their name. Various versions of a name (such as Jon, John, or Jonathan) can be the subject of applications. 

If a right to be forgotten application is successful, it does not delete the content from the internet entirely. Instead it breaks the link between the applicant's name, and the material they wish to block. 

Search engines are required to block material where the information being published online is outdated, irrelevant, excessive or no longer within the public interest.

Typical reasons why individual may wish to make applications for the right to be forgotten are where:

• untrue statements have been published about them, and they are out of time to bring a claim for libel;
• searches are bringing up a link to a social media account that they no longer have access to;
• the material relates to a criminal offence they were suspected of committing, but either no action was taken by the CPS, or they were found not guilty in court;
• they were convicted of committing a criminal offence and their sentence is spent;
• the information being published relates to a job they are no longer involved in; or
• continued publication of the material is causing undue distress and humiliation to the applicant or their family members.

Get legal help to make a Right to be Forgotten Application

Samuels have assisted numerous clients in successfully submitting right to be forgotten applications to a range of search engines including Google, Bing and Yahoo, each of which have different procedures which need to be followed. 

Applications can be dealt with extremely quickly, and if they are successful, the material can be blocked from searches of your name within a few days. 

We can help you if you want to get information about you removed from internet searches.  If harmful or outdated information is currently appearing about you online and you would like to explore submitting an application for a right to be forgotten request, please do not hesitate to contact us for confidential, strategic, and effective guidance.