There isn’t a GDPR right to be forgotten procedure that you must follow as such. It means that you can start the process of applying to have links removed from search results in whichever way you choose, provided you comply with the minimum notification requirements.
There are, however, different steps that you can take and it makes sense to follow them in an order that will require minimum investment of resources on your part and only escalate matters if and as required. For individuals who apply to search engine providers, such as Google and Bing, to have links removed from search results, the easiest method to notify the search engine of your demand is by filling out the search engine’s right to be forgotten online form. This however, is not a requirement.
The main search engines have deliberately limited the number of words you can put in their online right to be forgotten form. This might be to your disadvantage because it is unlikely that you will be able to tell your full story and make your full legal arguments in less than 1000 characters, which translates to about 850 words in a good day. If your case is a little bit complicated, you will be able to take matters further but by this point, you have already scored your first refusal. If your right to be forgotten request had been refused, your next steps will be to choose from one of two options.
You can either serve the search engine provider with a formal GDPR Notice or appeal its decision to refuse you to the ICO. If after serving it with a GDPR Notice the search engine provider is still refusing your right to be forgotten request, you will need to consider escalating matters and take the search engine provider to court for breaching your personal data.
We talk about this process in other articles. If your representation to the ICO is refused, you can ask for it be viewed within 30 days of receiving the refusal. If after the review the ICO is still not on your side, you can either get a judicial review to look at the decision to refuse your representation or you can file a GDPR Notice with the search engine provided, if you haven’t done so yet. There is clearly a lot to think about in terms of practical steps and strategy.
The GDPR right to be forgotten procedure offers you plenty of options. What is beyond any doubt, is that provided you have a reasonably good case, the personal character which is required and the means to persist and evidence, then eventually you will succeed.
Below are some more articles about right to be forgotten that you may find of interest.
It's time to do something about it. If you need help in removing material from the internet, give us a call 0207 183 4123. We are the only law firm that specialises in this area of law. We have a log of experience in this area and we promise that our friendly lawyers will put you at ease of law and help you in reclaiming your life. There is a high likelihood that we will be able to help you remove unwanted content from the internet, including articles, videos and social media posts.