In today’s digital age, the ‘Right to be Forgotten’ has emerged as a significant legal concept, particularly in the context of privacy rights and personal data management. Introduced by the European Court of Justice in 2014, this right allows individuals to request the removal of links to personal information from search engine results. To activate your right to be forgotten the information you want removed must be “inadequate, irrelevant, or no longer relevant.”
For individuals with spent convictions under the UK’s Rehabilitation of Offenders Act, this right offers a pathway to mitigate the ongoing impact of past mistakes. However, successfully exercising this right is far from straightforward, especially when it comes to spent convictions. For help removing spent convictions from search results and other publicly available records call Nath Solicitors on 0203 983 8278 or get in touch with Shubha Nath at enquiries@nathsolicitors.co.uk or at shubha@nathsolicitors.co.uk
Will My Spent Convictions Be Removed Automatically?
The Rehabilitation of Offenders Act 1974 is a cornerstone of UK law, designed to allow individuals to move on from their past once they have served their sentence and a specified rehabilitation period has passed. After this period, the conviction becomes ‘spent’, meaning the individual is no longer legally obliged to disclose it in most circumstances, such as when applying for jobs or insurance. In theory, this should also apply to the digital world, allowing individuals to remove links to online content related to their spent convictions and safeguard their reputation.
However, in practice things are not so clear cut. That’s because the removal process is not automatic. Individuals must actively request the removal of such links from search engines like Google. The request process is governed by stringent criteria. The individual must demonstrate that the information is irrelevant, outdated, or inappropriate. While this might seem straightforward for spent convictions, the reality is often more complex.
Is It Difficult to Exercise the Right to Be Forgotten?
One of the most significant challenges in exercising the Right to be Forgotten is the burden of proof placed on the individual. When applying to have links removed, the applicant must provide a compelling argument as to why the information should no longer be accessible. This involves not only explaining why the conviction is spent but also why the information is now irrelevant or outdated. For many, this can be a daunting task, especially without expert legal advice.
Moreover, search engines like Google do not automatically comply with every request. Instead, they assess each application on a case-by-case basis, weighing the individual’s right to privacy against the public’s right to access information. This balancing act often tips against the applicant, particularly if the information is deemed to be in the public interest. For example, if the conviction involved a serious crime, or if the individual holds a public position, search engines may argue that the information remains relevant and should not be removed.
Another layer of complexity arises from the fact that the Right to be Forgotten only applies to search engine results within the European Union and, by extension, the UK. The information itself remains on the original website, meaning that while it may be harder to find, it is not completely erased from the internet. This limitation can be frustrating for those seeking a clean slate, as the content remains available to those who know where to look.
Comment
The Right to be Forgotten offers a valuable tool for individuals seeking to move on from their past, particularly in cases of spent convictions. However, the process of exercising this right is fraught with legal and practical challenges, often requiring expert guidance to navigate successfully. As digital privacy continues to evolve, it is crucial for individuals to understand both their rights and the limitations of these protections.
At Nath Solicitors, we specialise in providing expert legal counsel on all aspects of data protection and privacy law. If you need advice on exercising your Right to be Forgotten or any other legal matter, contact us on 0203 983 8278 or get in touch with Shubha Nath at enquiries@nathsolicitors.co.uk or at shubha@nathsolicitors.co.uk. We are here to help you protect your rights in the digital age.
