Today we want to show you in a comprehensive way what the right to be forgotten is and, specifically, the rights you have thanks to it on the Internet.
If you are in a compromised situation right now, by the end of this article you will be clear about what is the right to be forgotten and how to exercise your rights. Let’s see it!
What is the right to be forgotten?
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The right to be forgotten means that we can prevent our personal information from being available on the Internet, as long as it does not comply with a series of demanding regulations.
This right of deletion limits the circulation and publication of personal information on the Internet indiscriminately, provided that the information is obsolete and no longer relevant.
All this is despite the fact that the information is legitimate, as it is in official bulletins or protected by freedom of expression.
Right to be forgotten law: where is it regulated?
In 2014, the Court of Justice of the European Union (CJEU) ruled that individuals may exercise this right when the information infringes on privacy, the right to honor, the right to one’s own image or when the information itself becomes obsolete.
In no case does it say that it must be false information, but that it is information that does not contribute anything more than what it has already done in its day but that today harms the person and its online reputation.
Why is the right to digital forgotten necessary?
This right to the deletion of personal information from the Internet is necessary because people deserve to have the opportunity to rebuild their lives and that past events, for which they have already served or that are no longer relevant today, condition their current life.
And also because facts that were once considered true may have changed, which is why we have every right to ask for them to be removed from the Internet.
Exceptions to the exercise of the right to be forgotten
As with everything else, there are times when we will not be able to remove data from the Internet using this right of deletion.
These are some of the most common exceptions to the right to be forgotten:
- In cases where the data is useful for the public interest.
- In cases that are to comply with legal obligations.
- In cases in which the right to freedom of expression and information is simply exercised.
- In cases for scientific, historical or statistical research purposes.
- For the formulation, exercise or defense of claims.
How is the right to be forgotten exercised?
At this point, it is presumably this part that we are most interested in knowing. We explain in a clear and detailed way how we can exercise the right to be forgotten on the Internet .
The right to be forgotten on the Internet must be exercised, in the first instance, with the data controllers of the websites and, subsequently, with search engines such as Google or Bing.
Also as a final recourse through the AEPD.
In case we file a complaint on an issue related to the right to be forgotten, they must respond within 1 month of the request and that response is mandatory. Failure to comply with this may result in a very serious infraction.
Keep in mind that sometimes the request for the right to be forgotten clashes directly with freedom of expression or with the impossibility of eliminating published content, such as that found in the Official State Bulletins.
This is why each case must be carefully analyzed in order to reach a solution, either by removing the content from the website where it was published, de-indexing it from search engines or, in the last case, moving the content to less visible areas on the Internet.
How to exercise the right to be forgotten on Google?
Google is the world’s largest search engine and is where virtually all of us turn to when we are looking for information. That is why it is of interest for us to know that there is the possibility to remove content from the search engine.
Note that it disappears from the search engine and not from the page where it is published, but in most cases this is enough to restore the person’s honor in the eyes of society.
To do so, all you have to do is submit this form with the information requested.
Remember that making the request does not guarantee the deindexing of that content or the removal of the URL from Google.
How to exercise the right to be forgotten on Bing?
In Bing, which is the second largest search engine, we also have the possibility of requesting the removal of content that is detrimental to us from its index.
In the USA it has an interesting market share so if you are interested in claiming the right to remove content you can do it through this link.
As you can see, you can exercise the right of deletion on the Internet through different methods, but always take into account that it must be justified and bearing in mind that you may not get a positive response.
If you have any doubts about what is the right to be forgotten or how to exercise it or if you need help, contact us directly and we will help you.
