Removing content from the internet when the information published is under somebody else’s control is a challenging task. A right to be forgotten application provides one way of removing unwanted content from the internet but there are other ways too.
When does Google delisting happen
Google delisting happens when Google makes a decision to delist a link to an article or to an image from its search results. Usually, the delisting relates to specific search phrases, for example; your name. In reality, this in many cases is insufficient because the link to the unwanted article will often remain for searches which include the applicant's name plus her occupation. Or her name plus the town where she lives. Ideally, you will want Google to delist an unwanted articles from all searches which contain your name, regardless of other phrases which are included in the search.
Delisting also means that if there is a change in the article's URL, which might happen for many different reasons, Google will then relist the article, which means you will need to go through the entire process all over again. When submitting a right to be forgotten request to Google, you will therefore need to ensure that you include the right variations of the searchers that are being carried out. You will need to achieve the right balance to have your request for delisting acceptable to Google whilst not raising an "wholesale" objection because if Google believes that your request for delisting is over baked, it is likely to reject it outright.
It is of course possible to achieve a entire delisting of of articles from Google search but in order to achieve this, you will need to submit a well reasoned right to be forgotten request that will be agreeable to Google, event it it means that it needs to delist the unwanted article completely.
What to do if your Google delisting request is turned down
If an application under a right to be forgotten is declined, you will probably want to consider exercising your legal rights under data protection law (GDPR), privacy law, defamation law, harassment law, copyright law and the common law concepts of misuse of private information and breach of confidence. All of those rights could be give sufficient reasons for delisting of the article from Google searches. However, each type of law you decide to you, could impact the scope of the outcome.
For example, delisting under defamation law, might give you a right to have for a wider scope of delisting, including delisting from Google search results in various worldwide jurisdictions. If you Google delisting request is turned down, don't be disheartened. There are usually alternatives that you should try. You must remember that after all, Google doesn’t have the final say.
How to increase the likelihood of Google delisting articles with my name
To stand the best likelihood of delisting, you will need your right to be forgotten request to be robust and highly effective. You may wish to challenge third parties, such as Google, the Information Commissioner’s Office, website hosts, website operators, individual posters and others to remove your information from the internet. It is our experience that those who persist and who have a reasonably good case, nearly always win.