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Negative search engine results can have consequences. It could result in losing out on a job opportunity or facing embarrassing questions from family and friends. When the information coming up about you is old, misleading or simply untrue, this will seem extremely unfair. However, there are ways to filter these search engine results; one is the ‘right to be forgotten’.

At Nath Solicitors, our team can provide you with support and guidance in making a request to remove information about yourself under a right to be forgotten. To find out how we can help you make a request for the right to be forgotten, contact our team today.

What is the right to be forgotten?

The right to be forgotten is an individual’s right to have personal data removed from search engines if there is no compelling reason for it to be retained.  It comes from a 2014 ruling from a Spanish case in the European Court, where it was deemed that any material deemed irrelevant, excessive or outdated should not be readily available to the public and ordered Google to remove it.

Can I still get the right to be forgotten after Brexit?

Yes, Brexit has not impacted the right for people in the UK to apply for the right to be forgotten.

How can Nath Solicitors help with a right to be forgotten request?

At Nath Solicitors, our team are here to help you submit a request to Google and other search engines for a right to be forgotten. There is a specific form that must be completed and submitted to each search engine. Generally, we would advise starting with Google, as this is the UK’s most used search engine, and then moving on to other search engines such as Yahoo and Bing.

How long will a right to be forgotten application take?

Once you have let us know that you would like to make a right to be forgotten request, we will submit this within a matter of days. The response time from search engines can vary; however, generally, a response will be given within a few weeks.

If the application is returned as successful, the links on the search engine will be broken right away.

What happens if an application for the right to be forgotten is refused?

If an application fails, the decision can be appealed to the Information Commissioner’s Office (ICO). The ICO will re-examine the request to determine whether the search engine should be asked to remove the link to the material.

Right to erasure

If there is information on the internet that an individual would prefer was not there, it may be possible to remove it by exercising the right to erasure. By exercising this right historic adverse material affecting an online profile may be removed.

The General Data Protection Regulation (GDPR) introduced the right to erasure under Article 17, empowering individuals to have their data erased in certain circumstances. The right is not absolute.

Individuals can make a request for erasure orally or in writing, and an organisation has a month to respond to the request. For organisations, we can help in developing processes to recognise, respond to and fulfil a request for erasure. This includes understanding when the right applies and when it can be refused.

Contact our Right to Be Forgotten Lawyers in London

At Nath Solicitors, we can assist in making a de-listing request to internet search engines, as well as advising on complaints to the regulator, the Information Commissioner’s Office (ICO). Whatever your perspective, and to discuss any concerns you have about the right to be forgotten or GDPR compliance, please contact our team on 020 3983 8278 or 07545 813 894 or online.

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