Using the Right to Be Forgotten to Remove Negative News

Have you ever wished you could erase something from the internet? Well, in some parts of the world, there’s something called the “Right to Be Forgotten” that helps people do just that. 

This right allows individuals to request the removal of their personal information from internet search results if the information is outdated, irrelevant, or no longer necessary. It’s like having a magic eraser for your digital past!

How does the Right to be Forgotten Work?

It’s like a magic wand you swing to erase your existence from the internet. But on a more serious note, here’s an example of how the right to be forgotten works –

Say you have subscribed to a sports newsletter website to get the latest updates related to badminton championship matches. Now, after a few years, if you find that you aren’t into badminton any longer, you can unsubscribe from the newsletter.

On top of that, the right to be forgotten allows you to request the publisher to no longer keep your email, contact information, or any data they obtained from you. This is done as per the rules created by the ePrivacy directive. 

However, there are conditions as to how and when you can use it. 

When does this Right Apply? 

The GDPR outlines conditions in Article 17, under which the right applies to an applicant. An individual can request to erase their data if:

• Personal data is no longer important for the reasons why an organization collected or processed it. 
• An organization relies on someone’s consent as the lawful basis for collecting or processing information, and the individual has withdrawn their consent.
• An organization depends on legitimate reasons as its justification for processing someone’s data; the person objects to this justification, and there’s no overriding legitimate interest on the organization’s part to keep up with the processing.
• When an organization is using someone’s personal data to market directly and the individual objects to this practice.
• An organization unlawfully used someone’s data for their gain.
• An organization must delete someone’s personal data to comply the the regulations and rules.

When Can You Use This Right?

This right does not apply to people from anywhere in the world. It’s codified under the European Union’s General Data Protection Regulation.

The Basics of the Right to Be Forgotten

This right is mainly recognized in the European Union and a few other places. It came into the spotlight with a court ruling in 2014 that allowed individuals in the EU to ask search engines like Google to remove certain search results linked to their name.

What Qualifies for Removal?

Not everything can be removed under the Right to Be Forgotten. The information must be:

• Outdated: No longer relevant or too old.
• Inaccurate: If the facts presented are wrong.
• Harmful without good reason: Causes more harm than it provides public benefit.

How to Make a Request

If you want to make a request to use the right to be forgotten, follow these steps –

Step 1: Identify the Content

First, find the negative news articles or information you want removed. Collect URLs or screenshots of the content, as you’ll need these when you make your request.

Step 2: Contact the Search Engine

Go to the website of the search engine where the content appears. Look for their privacy policy or help section, and find out how to submit a content removal request. Most big search engines have online forms specifically for this.

Step 3: Fill Out the Form

When filling out the form, you’ll need to explain why the information should be removed. Be clear and provide evidence that the content is outdated, inaccurate, or unnecessarily harmful.

Step 4: Wait for a Response

After you submit your request, the search engine will review it. This can take a while because they have to balance your privacy with the public’s right to know. If they deny your request, they should explain why.

Tips for a Successful Request

Here are the tips for using the right to be forgotten –

Be Specific

The more specific you are about why the content should be removed, the better. Link your request to the criteria—outdated, inaccurate, or harmful.

Provide Evidence

Support your request with evidence. This could include dates that show the information is old or proof that it’s incorrect.

Be Patient but Persistent

These requests can take time. If your initial request is denied, you can ask for a reconsideration, especially if you have new information or if you think they didn’t consider your request fully.

If the Search Engine Says No

However,  the search engine may not always easily comply. Here’s what can happen if the search engine says no –

Appeal the Decision

If a search engine refuses your request, they usually provide reasons. You can appeal this decision if you think they’ve got it wrong or missed some details.

Consider Legal Advice

In some cases, you might need legal help, especially if the content is damaging and there’s a strong case for its removal. Lawyers who specialize in privacy can offer advice and help you through the process.

The Impact of the Right to Be Forgotten

Here’s the impact this right can have on the public – 

Privacy vs. Public Interest

The Right to Be Forgotten raises a big question: what’s more important, privacy or the public’s right to know? While it helps protect privacy, some argue that it can be used to hide information that the public should see, like a business person’s past failures.

Success Rates

Statistics show varied results:

• Thousands of requests are made each year, and search engines like Google have removed 45% of URLs requested to be delisted under the Right to Be Forgotten.
• The success of a request often depends on the nature of the information and how well the request is argued.

Final Thoughts

The Right to Be Forgotten can be a powerful tool for managing your online reputation and privacy. If there’s something out there that’s old, wrong, or just unnecessarily harmful, you don’t have to let it define you forever. Remember, this process requires careful thought and sometimes a bit of persistence, but it can make a real difference in cleaning up your digital footprint.

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