Right to be Forgotten
Speak to an expert solicitor about the right to be forgotten for free today, on 01271 343457.
What is the Right to be Forgotten?
Since a ruling of the European Court in May 2014, individuals and businesses had have the right to request that results be removed from internet search engines.
It is not the same as removal of material from the internet, but if information is no longer available in a search result, it can have the same effect.
How do I get the Right to be Forgotten?
Requests can be made for various reasons, for example if an individual or business has been mentioned in a newspaper article, gone bankrupt or been accused of a crime such as fraud. It could also be used for the removal of embarrassing pictures, or if you have been a victim of libel. The usual request will be for the removal of results which contain someone's name.
The European Court has ruled that content should be removed if it is irrelevant, outdated or otherwise inappropriate.
How is an application for the Right to be Forgotten made?
If material is going to be removed, the request to the internet search engine has to include the correct information, such as the specific URLs to be removed, and an explanation of why the removal should take place, within the scope of the European Court's ruling.
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. However, if, for example, someone makes a successful request to Google UK to have content removed, then the content will also be dropped from Google searches in the other EU countries.
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.
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 can vary, in general, you will have a result within a couple of weeks.
If the application is successul, the link to the offending material will be broken straight away.
What should I do next if I want to claim the Right to be Forgotten?
At Samuels we provide quick and efficient assistance for clients wishing to submit such requests to Google, for a low fixed fee. We also assist clients with appeals to the Information Commissioner's Office again for a fixed fee.
We have links with reputation management organisations, who we can recommend to clients who are unlikely to be able to have search results broken or suspended. These online professionals can ensure that bad results are pushed lower in the rankings so that positive results only appear on the initial pages.
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 disucssion about how we can help with your reputation management issues.