The UK’s right to be forgotten laws and bankruptcy

The Right to Be Forgotten (also known as the Right to Erasure) is a data protection right in Article 17 of the UK's General Data Protection Regulation (GDPR). This right allows you to request the deletion of your personal data from online platforms.

If you’re navigating the aftermath of bankruptcy, the Right to Be Forgotten can be the lifeline to restoring your online reputation and getting your personal and professional life back on track. Explore how you can remove outdated links relating to your bankruptcy from search engines by reading below. 

What Happens if You Declare Bankruptcy? When you are declared bankrupt, you enter a legal process which comes with lawful rules and restrictions. Here’s what you can expect:

• You will no longer control your assets, and they may be sold to pay creditors.
• Restrictions will apply to your ability to borrow money.
• Your bank accounts, bills, savings, pension, and one-off payments, such as insurance claims or inheritances, will be affected. 
• Your bankruptcy will be recorded on a publicly accessible register. It will appear in The London, Edinburgh and Belfast Gazette and the Insolvency Register (or dedicated insolvency registers for Scotland and Northern Ireland). 

How Does Bankruptcy Affect Your Job and Future Credit?Bankruptcy restrictions usually last 12 months. Most jobs are not immediately affected by bankruptcy, but certain roles, such as company director, accountant, or solicitor, are restricted during this period. 
Throughout those 12 months, several organisations and third parties can also be informed about your bankruptcy, including:

• Your creditors, banks and building societies
• Your utility suppliers 
• Professional bodies that you’re a member of
• Your local authority and Citizen’s Advice
• Your landlord

This information may impact your current or future opportunities and living conditions. 

After Being Discharged:Once the 12-month period has passed and you have been discharged, there are no rules stating that you must declare bankruptcy to organisations going forward. However:

• Your bankruptcy will remain on your credit record for six years, which may impact your ability to secure loans or credit.
  
• Your personal details will usually be removed from the Insolvency Register three months after being discharged, but they will remain permanently in The Gazette.

How Does the Right to Be Forgotten Apply to Bankruptcy?While we have covered the legal rules and regulations surrounding bankruptcy, it’s essential to consider the additional repercussions in our digital age. The public availability of your bankruptcy can lead to the publication of articles and links associated with your name, creating a lasting digital footprint that follows you around. This persisting negative information about past financial difficulties can cloud peoples’ judgements and hinder your future career and personal opportunities.

Although you cannot erase official registration details from the Gazette, the Right to Be Forgotten can help you address and remove outdated, misleading or damaging links and articles that may still surface in search results. This process ensures that damaging information does not tarnish your online reputation when others look up your name.


Common Challenges:​When using the Right to Be Forgotten in the context of bankruptcy, the most common challenges are proving that the online information is outdated and that your bankruptcy case is no longer applicable. You can demonstrate this by:

• Providing evidence that you’re now working in an unrelated field and have a stable income.
• Demonstrating that you have moved on from a relationship breakdown.
• Explaining how specific articles and links are damaging your reputation. 

The Right to Be Forgotten process will likely involve dealing with objections, as the individual's right to privacy can conflict with the public’s right to know. However, if you are no longer bankrupt, you may have a reasonable chance of having harmful links removed. 

Exercising Your Right to Be ForgottenAnyone can apply for the Right to Be Forgotten directly with Google, and we provide a free guide for those interested in a DIY approach to the Right to Erasure. However, navigating the Right to Be Forgotten can be complex, often requiring detailed legal arguments. As a result, requests may be rejected, and success in removing content is not guaranteed.

For best results, talk to the Internet Erasure team. We’re the only company in the UK specialising in ‘Right to be Forgotten’ removals that has an excellent rating on Trustpilot. To date, our privacy lawyers have assisted over 900 clients in rebuilding their reputations, successfully removing 50,000 damaging links from Google and other platforms.

Restore Your Reputation: Speak to Internet Erasure TodayIf you need help removing lingering bankruptcy data associated with your name, please contact our team for a free consultation. We only take on clients we’re confident we can help, allowing us to work relentlessly until removal from search results is achieved – regardless of how many submissions, case reviews, or appeals are required.
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Begin the process by emailing [email protected], calling 020 3576 0356, or messaging via SMS or WhatsApp at 07565 130 116. Alternatively, you can submit a convenient online initial enquiry form. We look forward to hearing from you. 

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