How the ‘right to be forgotten’ could help you get an article removed from search engines
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If you're dealing with harmful online content and wondering how to remove a news article from Google, the ‘Right to Be Forgotten’ could be your solution. This legal tool allows you to remove negative news articles, links, and search results from search engines, ensuring they no longer appear when people search your name online.
Ready for your fresh start? In this post, we'll explain the Right to Be Forgotten, how it works, and how to use it to remove negative news articles from search results. |
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What is the ‘Right to Be Forgotten’?
Let’s start with the basics. The ‘Right to Be Forgotten,’ or ‘Right to Erasure,’ is your shield in the digital world. It gives you the legal power to ask organisations to delete personal data they hold about you. This privacy provision, part of Article 17 of the EU and the UK's General Data Protection Regulation (GDPR), ensures that data about you can no longer be discovered by third parties, mainly through search engines. It's a powerful tool for reclaiming control over an unfair or damaging digital footprint, allowing you to move forward with your life.
Why Was the ‘Right to Be Forgotten’ Created?
The ‘Right to Be Forgotten’ was first formally recognised by the European Court of Justice (CJEU) in 2014 during a landmark case in Spain. In this case, Spanish citizen Costeja González took Google to court, requesting the removal of links to an outdated article that was harming his reputation. González argued that the legal matter discussed in the article had been resolved years prior, and its continued online presence was unjustified. The CJEU ruled in his favour, specifying that search engines like Google are subject to data protection laws and must take measures to safeguard personal information.
The court identified search engines as ‘controllers’ of personal data, meaning they are responsible for processing data through locating, indexing, storing, and sharing. In support of privacy and data protection rights, the court mandated that search engines remove links to personal information published on third-party sites when necessary. However, the removal must be weighed against the public’s interest in accessing such information.
As a result, GDPR Article 17 grants individuals the right to request the removal of online content linked to their name. Still, such requests are not automatically granted and only apply under specific conditions.
Am I Eligible for the Right to Be Forgotten?
Anyone can apply for the Right to Be Forgotten, but whether your request to remove a link from search engines is successful depends on specific criteria. It also needs to be balanced against the public's right to know. The process involves submitting a request to the search engine, providing reasons for the removal, and waiting for a decision. Remember, the Right to Erasure is discretionary, not absolute. For more details on eligibility and the request process, see below.
Need more certainty about your eligibility? Contact our privacy law experts today for personalised advice and support. Simply email [email protected], call 020 3576 0356, or message via SMS or WhatsApp at 07565 130 116. Alternatively, you can submit a convenient initial enquiry form, and we’ll get back to you promptly.
When Does the Right to Be Forgotten Apply?
Here are some situations where the Right to Be Forgotten may apply:
✔ Old information: You may be able to remove news articles if the content is no longer relevant or outdated. This information includes ‘spent’ criminal convictions, details of a past bankruptcy, or information related to an ex-missing person’s case.
✔ Inaccurate or misleading statements: If false claims have been made about you online, you could be eligible to have the link removed – provided you can prove the information is inaccurate.
✔ Defamatory and offensive content: Articles involving personal attacks or defamatory statements may fall under the Right to Be Forgotten. This information includes cases of online bullying and harassment.
✔ Information published without consent: If stories or photos are published without permission, you may be able to have them removed. This can also apply if you withdraw your original consent and want the content taken down.
✔ Damaging or embarrassing publicity: Articles that cause embarrassment, shame, harassment, or regret may be suitable for removal – even if they were initially consented to. These articles include content about personal issues like divorce, professional misconduct, business failures, and inheritance disputes.
If you’d like to learn more about your chances of eligibility, visit our dedicated Who Can Apply page for further details.
What Information Can’t be Removed from Search Engines Using the Right to Erasure?
Since GDPR Article 17 is complex, there are times when organisations can reject a request to delist links. Below are some instances when search engines may deny your request.
✘ Certain criminal convictions: Articles about serious violent, sexual, or terrorist-related offences are generally not covered – even in the case of ‘spent’ convictions. Public interest in these matters often overrides personal privacy rights.
✘ Ongoing civil or criminal proceedings: Coverage of pending legal cases or reporting while you’re awaiting trial or sentencing cannot usually be removed. The public’s right to be informed about legal matters takes precedence.
✘ Legitimate opinions on a product or service: Negative reviews, critical comments, or opinions about a business or individual’s current methods are often not considered harmful enough to warrant removal. These are seen as legitimate expressions of personal views.
✘ Official and legal records: The Right to Be Forgotten does not apply to information published by official bodies, such as tribunal decisions on Gov.UK or data from Companies House. However, exceptions exist if a Person at Risk of Violence (PARV) order or Threat to Life Notice is issued. Additionally, you can remove related content from third-party sources, such as news articles or discussion blogs.
✘ Content about public figures: It is much harder to remove content about individuals who have intentionally entered the public eye in the last decade, such as politicians, lobbyists, journalists, and religious leaders.
The above list isn’t exhaustive. Head to our Who Cannot Apply page for more scenarios where the Right to Erasure may not be effective.
How to Get a Negative News Article Removed From Google Using the Right to Erasure
Anyone can request the Right to Be Forgotten, but your request must meet the necessary criteria. If you believe your case qualifies, you can request the removal of harmful links yourself. This process involves collecting the URLs of relevant articles and explaining why they negatively impact you. You then must submit this information to the search engines.
We offer a free guide with a helpful template letter and step-by-step instructions to help you through the process. Here’s a simple overview of the procedure:
Don't be discouraged if your request to remove negative news articles is rejected. The Right to Be Forgotten is a complex area of law, and it’s not uncommon for search engines to deny claims, particularly when the information conflicts with the public's right to know. Here are your next potential steps:
How Internet Erasure Can Help:It is here where Internet Erasure comes in. Our privacy lawyers have helped over 900 clients remove over 50,000 damaging articles, links, and images from tech giants like Google and lesser-known platforms. But we don’t stop there – we also tackle harmful predictive searches, like autocomplete suggestions, knowledge panels, and search predictions that could affect you.
If you're looking for similar results, we offer a free consultation to assess your eligibility and understand the specifics of your case. Please note that we only accept clients when:
After we verify that we can deliver the desired results, we'll work tirelessly to remove all harmful content linked to your name from online platforms. Learn more about Our Process and our approach to Permanent Deletion, or explore the impact of our work through our Right to Be Forgotten Case Studies.
Get A Fresh Start: Enact Your Right to Be Forgotten Today
If you’re overwhelmed by damaging online content, we’re here to help you move forward. Internet Erasure is one of the only reputation management companies with an ‘Excellent’ rating on Trustpilot, and we’re proud to have helped over 900 clients regain their peace of mind and online privacy.
Contact the Internet Erasure team today by emailing [email protected], calling 020 3576 0356, or WhatsApp chat 07565 130 116. You can also submit a convenient initial enquiry form to kickstart the process.
Let’s start with the basics. The ‘Right to Be Forgotten,’ or ‘Right to Erasure,’ is your shield in the digital world. It gives you the legal power to ask organisations to delete personal data they hold about you. This privacy provision, part of Article 17 of the EU and the UK's General Data Protection Regulation (GDPR), ensures that data about you can no longer be discovered by third parties, mainly through search engines. It's a powerful tool for reclaiming control over an unfair or damaging digital footprint, allowing you to move forward with your life.
Why Was the ‘Right to Be Forgotten’ Created?
The ‘Right to Be Forgotten’ was first formally recognised by the European Court of Justice (CJEU) in 2014 during a landmark case in Spain. In this case, Spanish citizen Costeja González took Google to court, requesting the removal of links to an outdated article that was harming his reputation. González argued that the legal matter discussed in the article had been resolved years prior, and its continued online presence was unjustified. The CJEU ruled in his favour, specifying that search engines like Google are subject to data protection laws and must take measures to safeguard personal information.
The court identified search engines as ‘controllers’ of personal data, meaning they are responsible for processing data through locating, indexing, storing, and sharing. In support of privacy and data protection rights, the court mandated that search engines remove links to personal information published on third-party sites when necessary. However, the removal must be weighed against the public’s interest in accessing such information.
As a result, GDPR Article 17 grants individuals the right to request the removal of online content linked to their name. Still, such requests are not automatically granted and only apply under specific conditions.
Am I Eligible for the Right to Be Forgotten?
Anyone can apply for the Right to Be Forgotten, but whether your request to remove a link from search engines is successful depends on specific criteria. It also needs to be balanced against the public's right to know. The process involves submitting a request to the search engine, providing reasons for the removal, and waiting for a decision. Remember, the Right to Erasure is discretionary, not absolute. For more details on eligibility and the request process, see below.
Need more certainty about your eligibility? Contact our privacy law experts today for personalised advice and support. Simply email [email protected], call 020 3576 0356, or message via SMS or WhatsApp at 07565 130 116. Alternatively, you can submit a convenient initial enquiry form, and we’ll get back to you promptly.
When Does the Right to Be Forgotten Apply?
Here are some situations where the Right to Be Forgotten may apply:
✔ Old information: You may be able to remove news articles if the content is no longer relevant or outdated. This information includes ‘spent’ criminal convictions, details of a past bankruptcy, or information related to an ex-missing person’s case.
✔ Inaccurate or misleading statements: If false claims have been made about you online, you could be eligible to have the link removed – provided you can prove the information is inaccurate.
✔ Defamatory and offensive content: Articles involving personal attacks or defamatory statements may fall under the Right to Be Forgotten. This information includes cases of online bullying and harassment.
✔ Information published without consent: If stories or photos are published without permission, you may be able to have them removed. This can also apply if you withdraw your original consent and want the content taken down.
✔ Damaging or embarrassing publicity: Articles that cause embarrassment, shame, harassment, or regret may be suitable for removal – even if they were initially consented to. These articles include content about personal issues like divorce, professional misconduct, business failures, and inheritance disputes.
If you’d like to learn more about your chances of eligibility, visit our dedicated Who Can Apply page for further details.
What Information Can’t be Removed from Search Engines Using the Right to Erasure?
Since GDPR Article 17 is complex, there are times when organisations can reject a request to delist links. Below are some instances when search engines may deny your request.
✘ Certain criminal convictions: Articles about serious violent, sexual, or terrorist-related offences are generally not covered – even in the case of ‘spent’ convictions. Public interest in these matters often overrides personal privacy rights.
✘ Ongoing civil or criminal proceedings: Coverage of pending legal cases or reporting while you’re awaiting trial or sentencing cannot usually be removed. The public’s right to be informed about legal matters takes precedence.
✘ Legitimate opinions on a product or service: Negative reviews, critical comments, or opinions about a business or individual’s current methods are often not considered harmful enough to warrant removal. These are seen as legitimate expressions of personal views.
✘ Official and legal records: The Right to Be Forgotten does not apply to information published by official bodies, such as tribunal decisions on Gov.UK or data from Companies House. However, exceptions exist if a Person at Risk of Violence (PARV) order or Threat to Life Notice is issued. Additionally, you can remove related content from third-party sources, such as news articles or discussion blogs.
✘ Content about public figures: It is much harder to remove content about individuals who have intentionally entered the public eye in the last decade, such as politicians, lobbyists, journalists, and religious leaders.
The above list isn’t exhaustive. Head to our Who Cannot Apply page for more scenarios where the Right to Erasure may not be effective.
How to Get a Negative News Article Removed From Google Using the Right to Erasure
Anyone can request the Right to Be Forgotten, but your request must meet the necessary criteria. If you believe your case qualifies, you can request the removal of harmful links yourself. This process involves collecting the URLs of relevant articles and explaining why they negatively impact you. You then must submit this information to the search engines.
We offer a free guide with a helpful template letter and step-by-step instructions to help you through the process. Here’s a simple overview of the procedure:
- Open a Document: Start by opening a document (e.g., in Word or Google Docs) to keep track of your information.
- Gather the URLs: Search for your name online and copy the URLs of the harmful links you want to be removed. Paste them into your document.
- Explain the Impact: Write several clear paragraphs detailing how these articles affect your life and why they are no longer in the public interest.
- Submit the Request: Input the URLs and explanations into the search engines' personal data removal request forms. Here are the forms for the major search engines, along with the maximum number of URLs you can submit per request:
- Google (Max 1000 URLs)
- Yahoo (Max 150 URLs)
- Bing - Wait for a Response: Once you've completed these steps, submit your request and await a response.
Don't be discouraged if your request to remove negative news articles is rejected. The Right to Be Forgotten is a complex area of law, and it’s not uncommon for search engines to deny claims, particularly when the information conflicts with the public's right to know. Here are your next potential steps:
- Register a Complaint with the Information Commissioner's Office (ICO): You can file a complaint with the ICO, which will investigate the matter. Search engines often act quickly to remove the content once the ICO becomes involved.
- Seek Legal Help: Consider consulting a specialist privacy lawyer. They will understand the laws regarding freedom of information and the loopholes organisations can exploit.
How Internet Erasure Can Help:It is here where Internet Erasure comes in. Our privacy lawyers have helped over 900 clients remove over 50,000 damaging articles, links, and images from tech giants like Google and lesser-known platforms. But we don’t stop there – we also tackle harmful predictive searches, like autocomplete suggestions, knowledge panels, and search predictions that could affect you.
If you're looking for similar results, we offer a free consultation to assess your eligibility and understand the specifics of your case. Please note that we only accept clients when:
- We believe it is in the client’s best interest to instruct us.
- Expect to achieve the removal of damaging content from Search Engine Results Pages (SERPS).
- We can commit to working on the client’s case until the removal from SERPs is complete.
After we verify that we can deliver the desired results, we'll work tirelessly to remove all harmful content linked to your name from online platforms. Learn more about Our Process and our approach to Permanent Deletion, or explore the impact of our work through our Right to Be Forgotten Case Studies.
Get A Fresh Start: Enact Your Right to Be Forgotten Today
If you’re overwhelmed by damaging online content, we’re here to help you move forward. Internet Erasure is one of the only reputation management companies with an ‘Excellent’ rating on Trustpilot, and we’re proud to have helped over 900 clients regain their peace of mind and online privacy.
Contact the Internet Erasure team today by emailing [email protected], calling 020 3576 0356, or WhatsApp chat 07565 130 116. You can also submit a convenient initial enquiry form to kickstart the process.
