The right to be forgot on the internet: how does it work?
Is it possible to completely disappear from the internet? How can you clear your personal data in search engines? First and foremost, the “diritto all oblio gdpr” is not just about the digital world. In the first place it concerns the individual right not to let information from the past influence current life.
From now on, when it comes to personal data, search engines in Europe have to offer additional protection because of the risks of the Internet (identity theft, data theft, etc.) and their consequences on the lives of users. In this article, we explain the basics of this matter.
Not to be confuse: the right to erasure and the right to remove reference
There are two form of the right to be forgot: the right to erasure and the right to delete reference.
In case of information that could harm you, you have the right to have that data deleted in a search engine. This could be a press article, a photo, a video or other material about your private life. You must have a valid and serious reason to request this.
Removing reference mean that certain term in a search engine are no longer list in association with your name and first name. The terms are, as it were, removed from the search engine’s index of search results. However, the content will still be accessible via other keywords. The search engine companies are usually very lenient, but they may refuse to do so if the reason for your request is not convincing enough or not valid.
Who can exercise this right?
Any resident of the European Union has the right to submit an application to google and Bing through an online form. As for the other oblio immagini, you must submit a written application with valid motives consistent with the principles of the search engine itself.
The Court of Justice of the European Union ruled on 13 May 2014 that this right means that search engines must delete results that contain the name and personal details of the applicant in question.
The results will remain accessible in other parts of the world, as this right only applies in the EU countries.
Do search engines have to grant every request?
If the information provide turn out to be outdate or untrue or if it involve serious prejudice. About the person in question it will most likely be delete. However if the information is in the public interest such as a criminal conviction or fraud, the search engine has the right not to respond to the request, especially if no name is mention on the relevant web page.
An example: if you want to delete information via Google in which you are mention. You must fill in an online form with your detail the list of the relevant web link. And your motivation for the removal of the information. You will also need to provide proof of identity before signing electronically. The application can take a long time, so it is always better to protect your personal information in advance.
If the search engine does not respond to your request. You can appeal to the Privacy Commissioner on the court sharenting.
