Right to be forgotten: how to have information removed from a search engine
CJEU Google Spain, GDPR Article 17, delisting: how to have personal information removed from search engine results.
If information about you appears in search results and causes you harm, several options exist to have it removed or delisted.
The first step is to contact the website publisher to request removal. Contact details are usually available in the site’s legal notices.
If the information constitutes personal data, its erasure can be requested under the GDPR (Article 17, right to erasure). However, if the information is not unlawful and does not infringe your privacy (for example, informational press articles), the publisher is under no obligation to remove it.
The CJEU Google Spain ruling (13 May 2014) allows any individual to request that search engines delist information concerning them. This right was reinforced by Article 17 of the GDPR, which establishes a right to erasure of personal data.
The Court specified that only information that is “inadequate, no longer relevant or excessive” may be delisted. This right is balanced against the legitimate interest of internet users in accessing the information. A politician cannot obtain the removal of articles about a criminal conviction, but a degrading photograph may justify delisting.
Search engines have implemented reporting forms: Google and Bing. The request must be submitted to each search engine separately and only applies to European versions. The page remains accessible via direct link but disappears from search results.
For issues relating to personal data in your contracts, see the article on GDPR contract compliance.
The right to be forgotten is a useful but limited tool. The best precaution remains controlling the information published about you online. If you need assistance with delisting, book a call.
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