Yes. An individual who was convicted of a serious crime but whose conviction was quashed on appeal should be removed from the search results. To be associated with a crime that you didn’t commit will come up over and over again on Google and even if you are innocent, it could put questions in people’s minds and not do you any favours.
You didn’t commit a crime, so we are certain that you shouldn’t have any problems. Even so, if you had, many crimes are considered ‘spent’ after a certain period of time and Google has agreed to remove information where a person no longer has to declare it, in order to give them a fresh start.
Make sure you give them all of the information possible but please do contact us to help you prepare the application, if you like, as you may only get this one chance.
Did Google tell you that you cannot have this information removed? If they did, then you would have to appeal that decision with the ICO. If it wasn’t them that told you that you can’t have the information removed, there is good, positive news for you.
Recently, there has been a case very similar to yours in the news. It was about a Dutch surgeon who had experienced the same. She has won in a landmark case against Google after they refused her application. The judge said that while the information on the website with reference to the failings of the doctor from five years ago was correct, the pejorative name of the blacklist site suggested she was unfit to treat people, and that was not supported by the disciplinary panel’s findings. Since the ruling, her lawyer has sought the removal of the details of 15 doctors from the blacklist and half have been removed, so there is a great chance for you in your application and if you want us to help you, please don’t hesitate to be in touch.
The first thing to do is not to despair. If your right to be forgotten was refused, there are at least two other options for you. The first one is to file an application of ‘concern’ with the Information Commissioner’s Office (ICO) to appeal Google’s decision. This is a document that runs 30 pages long and we advise that is prepared to the highest possible standard and that it is filled in comprehensively, with lists of exhibits where your data appears and accompanied with any other evidence. A successful appeal to the ICO against Google’s decision on rejecting your right to be forgotten application will result in the ICO recommending to Google that all information about you is to be removed from its search engines but this does not guarantee that they will. Google may ask ICO for a review of their decision. Meanwhile, time is going by and you may not be informed by Google or the ICO that they are reviewing your situation and trying to reach a decision. Unfortunately, the ICO may decide to reverse their decision and actually agree with Google that your right to be forgotten is refused.We know of cases where the applicant hasn’t been informed of the decision, let alone known about the procedure that was happening and therefore, not being given a chance to respond. You may find yourself trying to convince the ICO or you may decide to take the matter to court.
The second is to issue Google with a Section 10 letter, under the Data Protection Act (DPA) and this will initiate a legal process which most likely will end up in Court.
You can take the ICO or Google to court, which is going to be expensive and with risks.
We thoroughly recommend that you contact us to discuss your right to be forgotten refusal. It could save you a lot of time and a lot of anxiety. Your career is important. We have a wealth of experience and we will be happy to assist you with your decision and answer any questions about which route to go down.
Well, it depends on your job or position and whether you are in the public eye and even so, it may not do you any harm but the fact is, you want it removed and it is outdated.
If you are not a public figure and your interest in having the article removed outweighs the general public’s interest in having access to the information about you then Google are obliged to remove links to the web pages including your name and surname from the results.
If it is old information and no longer relevant, let Google know. Fill in the application with all of the link addresses and anywhere you see this information online. Again, we are here to help, should you want us to do it for you. Very often, you will have more success in complete removal.
If the defamation online was first published after the ruling of Right to be Forgotten on the 1st January 2014, the success in removing it will depend on how soon you can get the information on the location of the poster of the defamation. The liability of the operator of the offending website where the defamatory comments were left by a blogger may depend on this factor.
Learn more about how to remove defamation from the internet on our defamation lawyer website
Google have agreed to remove reports of a guilty verdict against an individual for a crime considered ‘spent’ under UK law – where it happened so long ago that the person is no longer required to declare it when asked if they have any criminal convictions. This law was designed to give minor criminals a fresh start to avoid being trapped into a life of crime through being unable to gain employment.
I have wonderful news for you about the information, too because Google don’t ask for that much information anymore with a right to be forgotten, so you will feel less daunted.
You can go online and fill in the form quite quickly than when it was first passed in 2014. Tell them that your crime is spent. They should be able to remove the whole thing; everything about you. Send them all of the web page addresses (URLS) of where they are (copy and paste ensures that you don’t miss anything). You mentioned that you felt confused and if that is still the case and you feel like you don’t want to do this yourself, we would be very happy to help you here at Cohen Davis.
Please don’t despair. We have a solution for you. In answer to your question though firstly, it depends on the amount of material there is for a right to be forgotten to be fully successful and even so, they would only remove links and not the source. I would recommend, in this instance, that you call Cohen Davis. We have the strategies to remove tens of thousands of web links, URLs to images and videos. We can secure full clean ups of the material about you. What we can also do are copyright buybacks, privacy notices, stage name trademark acquisitions, harassment notices, data protection notices and so much more. We can also put together a manageable maintenance plan to help you with keeping the internet clear of anything about you, forever more. We can give you back your life. I would urge you to call us, so that we can help you with that. As soon as we start working on it, the sooner it will happen. Call us for a highly confidential talk and we can discuss what we can achieve for you.