If there is a video on YouTube, which contains your personal data, you have a right to have it removed from the internet under a right to be forgotten.
Limitation of a right to be forgotten in removing videos from YouTube
One of the main limitations of removing videos under a right to be forgotten is that Google will often only block access to the videos from the UK or from other EU countries. What our clients usually want is for the offending YouTube video to be completely deleted from YouTube. Often, videos on YouTube infringe individuals' rights to privacy but also harass and defame. The posters of the videos, particularly videos who enjoy high volume of viewers, do this to gain viewers. They tend to have a video channel which benefit them financially. Some of these individuals feel unusually powerful, almost untouchable because they believe that they hold some sort of power over their victim through the high volume of viewers on their YouTube video channel. They understand the power of YouTube but also the devastating impact a video can have on the victim. They assume the victim is too scared and intimidated to take action to have the YouTube video removed from the internet.
At the same time, the YouTuber is also weary about losing his video channel, having it disabled or completely removed. They often are also concerned about their reputation and about any legal action they might find themselves being involved in. As videos on YouTube are often harassing in nature, there is a good likelihood that with the correct strategy and the right level of investigation and understanding of the parties involved, we can have most offending videos completely deleted from YouTube. Forever.
Removing videos from internet search results might prove more challenging than one would normally expect
Having a video deleted, might often be a better option. Both can be achieved with a right to be forgotten application.
The reason why removing a video from search results under a right to be forgotten could be difficult, is because YouTube and Google Search are owned by the same company, which means that if YouTube declines an application to delete or remove access to an offending video, Google search will continue to offer that video in search results.
Sometimes, YouTube will agree to disable access to a video but will keep the comments section. This means that the video will still appear on Google search despite being disabled by YouTube.
You can make a Right to be Forgotten application directly to YouTube because it operates its own search engine and because it hosts the offending information. You might also make an additional application to Google in its capacity as a search engine provider.
Our Right to be Forgotten solicitor will help you strategise your applications to ensure they are effective and consistent.