In the first case of a right to be forgotten Google lost a data protection claim, which went on to define its strategy in how to deal with future claims of a similar nature.
Since 2014, when the Google Spain case was lost, when facing with the real prospect of having to contest another case of a right to forgotten, Google makes its judgment whether to contest the case or not more conservatively.
In England, between 2014 and 2020 dozens of court cases had been filed by disgruntled individuals who refused the accept Google’s “final” rejection of their right to be forgotten application. Google only contested less than a handful. In fact, only 2, one which it won and one which it lost.
The court case that Google won, was an extreme case of bad behaviour by the individual who took the case to court but the case that Google lost, was more of a “right in the middle” type of case, which could have gone either way.
The court case of a right to be forgotten that Google lost, resulted in the widening of the opportunities for people who want to have their name removed from Google searches.
A GDPR Notice is the equivalent of a letter before legal action, which means 30 days after serving it, you can take the matter straight to court. Because of its harsh experience at the hands of the courts, Google very rarely contests legal claims against it, which means if you have a reasonably good case and you file a right to be forgotten GDPR claim against Google, it is highly likely that you will end up winning your right to be forgotten case before it even gets to court.
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