Legal advice for right to be forgotten
If you have only one chance to submit a request to remove old information about yourself under a Right to be Forgotten from Google, you want it done correctly for complete success. That is why right to be forgotten legal advice is imperative.
A right to be forgotten is the right of an individual who wants to have their personal data removed from search engines. It is an application made to the search engine to remove information about themselves, such as links to any personal information that is irrelevant, untrue or inadequate, however old, without limit. So, for instance, if you put your name into Google and information appears about you that you do not want in the public domain, you can send a right to be forgotten request form to Google to have the information removed.
You can make a right to be forgotten application yourself. Google provides a free form, which you can find here. It is important to remember that this may be your one chance and it needs to be done thoroughly and correctly. You may look at the form and think that it looks easy and what could go wrong. Through experience with clients that have tried and were left waiting months on end and often, without knowing that their application was dismissed immediately, filling in an easy form does not guarantee success.
The time it takes for Right to be forgotten requests depend on whether they have been prepared and filled out properly. We have heard and seen dozens of cases where a right to be forgotten request which was prepared by the individual was rejected within a few hours of being submitted. This is despite some of these applications being complex but highly deserving. When your initial right to be forgotten request is prepared and submitted professionally, it might take slightly longer to prepare and to receive a reply but ultimately in many cases it is more likely to succeed.
Why? For a number of reasons. Firstly, because the search engine is more likely to accept your request, if it is done professionally, which means that this could be the end of the matter. Secondly, if your right to be forgotten application is refused, your solicitor will be more likely to satisfactorily address any issues with the search engine providers and do this fast. Thirdly, depending on the reason the search engine gives for declining your right to be forgotten request, a specialist right to be forgotten solicitor will be able to advise you whether you should push ahead with alternative options rather than continue pointless correspondence with the search engine provider.
Google do not remove everything with a right to be forgotten, even if the request is successful. Google might only remove only some of the links listed in your right to be forgotten application. In any event, a removal of a link from Google, might be insufficient for your needs. It is always better, whenever possible to have articles completely deleted from source.
Links that you had removed from Google might come back to appear on internet searches in the future. It is therefore always advisable to do whatever you can to have content of articles removed from source. This might involve communicating with newspaper editors or with hosts of internet content.
Each case must be assessed carefully and strategically before making decisions to approach content editors under a right to be forgotten. Make sure to obtain right to be forgotten legal advice specific to your case before making such an approach.
From our knowledge, search engines (and particularly Google) have so far demonstrated a lack of consistency with their response to right to be forgotten applications. Google staff are making the call and decisions about who gets to be forgotten. Often, it seems, the initial response to a right to be forgotten request is based on a personal view of the Google moderator who happened to be assessing your right to be forgotten request. The response to many right to be forgotten applications, unfortunately, is not always founded on sound legal grounds. If your right to be forgotten request was denied, it may leave you feeling helpless and or frustrated.
How can you challenge a refusal by Google to accept your right to be forgotten application
To achieve a successful outcome to your right to be forgotten application, you will need to be persistent and don't ever take no for an answer. You should challenge any search engine’s adverse decision to the furthest possible extent. This is of course said on the basis that you have a reasonably good case.
Any qualified solicitor can give a right to be forgotten legal advice and advice on any other legal topic. However, the Law Society rules say that solicitors must only provide legal advice in areas of law for which they have acquired expertise. Of course, your local solicitor who handled your conveyancing or road traffic accident and did a great job at the time, can provide a right to be forgotten legal advice as well as legal advice on privacy and data protection laws. However, you might feel that because of the significance of a right to be forgotten application to your life, you would prefer to take your support from specialist right to be forgotten solicitors, with lawyers who understand all the intricacies and the intelligence of the internet and how it works.
If there are any other complexities that you may or may not know about, a right to be forgotten application might be insufficient, which means you will need to take matters forward to the next stage of the removal process. It is therefore important, particularly if your case involves some legal challenges, that you get your legal arguments right from the outset because later on in the process, these legal points are likely to form the basis of a much more detailed legal submission.
There are other ways to have internet content removed from public sight. These could range from a right to be forgotten GDPR Notice to filing legal claims against Google or other search engines and hosts of content. You may also consider using online PR to try and push down old search results. Preparing your right to be forgotten application is an important task. Your initial right to be forgotten request may form the foundation for any future challenges that you might wish to make to the search engine. This is why you might want to consider having your initial right to be application drafted professionally.
You should consider obtaining right to be forgotten legal advice from a lawyer who is an expert in the niche area of internet law. You can look up a specialist lawyer on the internet but be aware that experience in both the law and technical expertise is hugely important because it increases the likelihood of successful outcomes.
For instance, the specialist internet lawyer can explain clearly why the search engine provider needs to remove the data fromo a technical point of view. Having the right to be forgotten request drafted and submitted professionally is more likely to succeed.
Feeling daunted by filling in the information correctly and even waiting for a response, when there isn’t a helpline or someone real to talk to online is upsetting. Especially when facing the past or dealing with information online that has been reported by the press that needs to be off the internet as soon as possible, so you can get on with your life.
Our right to be forgotten solicitors are contactable 24/7 and are ready to give you the support, from an initial consultation to taking on your matter all the way through to a successful outcome. An effective right to be forgotten request can always benefit from specialist knowledge of internet law and in most cases a great deal of experience.
You only get one go at a Right to be Forgotten, so in order for it to be successful, we advise that you obtain the assistance of a specialist internet lawyer as soon as possible.