For a successful outcome of your right to be forgotten application, the basis is all about the preparation. Doing your homework and making a comprehensive list of what you would like to have removed and making a detailed statement why you would like them removed, is essential.
A right to be forgotten application appears to be easy enough. However, it is worth looking beyond the simple form that Google has prepared for you and learn a little bit more about what steps you can take to prepare your right to be forgotten application before submitting it.
Why do I need help with a right to be forgotten application is a common question, since the form is short and doesn't have room for too much information, so what could possibly go wrong, if they are making it so easy.
The answer lies in the question and that is exactly the reason why people need help with an online right to be forgotten application. There isn't a lot of room to state your case thoroughly. Knowing what to say and listing the reasons why, takes knowledge and experience. Moderators that make the decision of whether your request is going to be accepted or refused is based on what they read in very little time and checked alongside a content moderation manual.
There are many common reasons why right to be forgotten applications, which should have been allowed, ended up being rejected by the search engine. Preparation and review of some examples of rejected right to be forgotten applications are as follows:
An individual who submitted a search phrase that he wanted removed but has failed to list down every single long tail phrase for which search results appeared. What has happened is the offending search results were removed only for the individuals' name but not to their name plus the town where they live, or their occupation for other relevant common linked words that people were using to search for the individual.
An individual has stated that she worked in a certain profession. The moderators of the search engine have a checklist. If the right to be forgotten application lists that profession, the application might be refused outright based on that alone because it is believed that any information about you is of public interest. It doesn't matter that you have stated that it is old information from 15 years ago, say. It's gone in the refuse bin.
An individual has sent off his right to be forgotten application to remove images, only to wonder why it was accepted but the image still appears in Google searches. More technical information is required on the application, from one that understands the internet and the servers that store the images. These are complex. See our article on removing Google images with a right to be forgotten.
An individual that has been the victim of a serious crime had a hard time, too, since the information that she want removed was news articles about the crime committed against her. When she was not allowed to forget a time in her life that was horrific because it kept recurring online, it could feel like a continuous deja vu and subsequently, they never really get the time to heal. The victims may have launched a police appeal via the media, to find the attackers and thus this is deemed as voluntarily putting the information online themselves.
Please read through our website for advice and to read case studies. There are a plethora of reasons why Google refuse requests for right to be forgotten and they aren't always consistent. Many of the applications that are refused have left people rather puzzled as to why they weren't granted. This is why, of course, we recommend that they are done comprehensively and are checked over and over and so as to avoid disappointment, to remember that they are not guaranteed. Arm yourself with what to do next if they are refused by reading through.
To be likely to succeed with your right to be forgotten request, use the checklist below:
1. Which search phrases need to go on the application.
2. Search for them, using a 'clean' search.
3. Find out the precise source and geographic location of the websites.
4. Investigate those websites before you make the application.
5. Investigate the publisher of what comes up on the website about you. Is this more than a right to be forgotten removal request?
6. Identify the publisher, if possible.
7. Is it a breach of data or a harassment issue? Do you need a lawyer?
8. Decide where the right to be forgotten is going. To the publisher of the data or the search engine provider.
9. Consult case law, GDPR and ICO for guidance on figuring out the grounds why Google should delist.
10. Go over your application and check that you have stated importance and relevance and have stayed within the number of characters allowed.
11. Ask yourself what will happen if it is refused and this is your one chance making a right to be forgotten application. What is Plan B?
The above quick check list is explained in more detail in our article: Preparing a right to be forgotten application.
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 lot of experience in this area and we promise that our friendly lawyers will put you at ease 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.