You can make a Right to be Forgotten application yourself. Google provides a free form, which you can find here. However, in most cases your request for a Right to be Forgotten is more likely to succeed if you have it drafted and submitted professionally by us.
Can any lawyer give a right to be forgotten legal advice
Yes. Any qualified lawyer can give legal advice about any legal topic. However, the Law Society rules say that solicitors must only provide legal advice in areas of law for which they have acquired expertise.
Of course, your local solicitor who handled your conveyancing or road traffic accident and did a great job at the time, can provide a right to be forgotten legal advice and other advice on privacy and data protection laws. However, you might feel that because of the significance of a right to be forgotten application to your life, you would prefer to have specialist in internet law and privacy law firm with lawyers who understand the intricacies and intelligence of the internet and how it works.
If there are any other complexities that you may or may not know about, a right to be forgotten request may be insufficient which means you will need to take matters forward to the next stage of the removal process. If is therefore important that you get your legal arguments right from the outset as later on those legal points will form the basis of a much more detailed legal submission.
What difficulties may I encounter with a right to be forgotten application
From our knowledge, search engines (and particularly Google) have so far demonstrated lack of consistency with their response to Right to be Forgotten applications. Yes, Google staff are making the call and decisions about who gets to be forgotten. Often, it seems, the initial response to a Right to be Forgotten request is based on a personal view and the response, unfortunately, is not always founded on sound legal grounds. If your request was denied, it may leave you feeling helpless and/or frustrated.
How can I challenge a refusal by Google to accept my right to be forgotten application
To achieve a successful right to be forgotten application, you will need to be persistent and never take no for an answer. We advise that you challenge any search engine’s adverse decision to the furthest possible extent. This is of course said on the basis that you have a reasonably good case.
What about removing content of articles from the source rather than only removing a link from Google searches
Even if a request to Google is successful, Google might only remove one item and even then, it is only a removal of a link to an article rather than to the source. This means that the articles might come back to appear on internet searches in the future. It is therefore always advisable to do whatever you can to have content of articles removed from source. This might involve communicating with newspaper or with hosts of internet content. Each case must be assessed carefully and strategically before making decisions to approach content editors under a right to be forgotten. Make sure to obtain legal advice before making such approach.
What options are there other than making a right to be forgotten application
We have other options of assisting you with a right to be forgotten application. These could range from GDPR Notices to filing legal claims against Google or other search engines and hosts of content.
A Right to be Forgotten request forms the foundation of any future challenge that you might wish to make to the search engine’s decision. This is why it is important to ensure that the initial right to be forgotten request is drafted professionally.
How long does it take to have articles removed under a right to be forgotten
When your initial Right to be Forgotten Request is prepared and submitted professionally, it might take slightly longer to prepare but ultimately in many cases you are more likely to save time and money.
Why? For a number of reasons. First, because the search engine is more likely to accept your request, which means that this could be the end of the matter. Second, if your right to be forgotten application is refused, your solicitor will be more likely to satisfactorily address any issues with the search engine providers and do this fast. Third, depending on the reason the search engine gives for declining the right to be forgotten request, a solicitor will be able to advise you whether you should push ahead with alternative options rather than continue pointless correspondence with the search engine provider.
Why you should use a specialist right to be forgotten application solicitor
A right to be forgotten request requires specialist knowledge of internet law and in most cases a great deal of experience. You should consider obtaining a right to be forgotten legal advice from a lawyer who is an experts in the niche area of internet law.
Our experience is hugely important to our clients because it increases the likelihood of successful outcomes and it covers both the law and technical expertise, which often helps us explain clearly to the search engine provider why the data should be removed, from a technical point of view.
When you get in touch with us to assist you with your right to be forgotten application, we may also just take away any anxieties that you have about it, such as facing the past or feeling daunted by filling in the information correctly and even waiting for a response, when there isn’t a helpline or someone real to talk to online. Whereas, we are contactable 24/7.