Right To Be Forgotten
The definition of Right to be Forgotten is: the citizen’s right to request the cancellation, indexing and storing of his personal data and related information on the search engines. This right can be exercised under the judgment done on the 13 of May 2014 by the European Union Court of Justice, (right to be forgotten article), which allows the individual, the possibility that the personal information is not transmitted on the Internet. However, there is the possibility to move the news that tells about your criminal records, because these news can destroy your image and your job reputation. Google, Bing, Yahoo! (But there isn’t now the right to be forgotten Facebook) have entered the right to be forgotten inside their pages (also the right to be forgotten UK). How can you state that the information of the request is correct and that you are the person interested to the identified webpages? The request must be sent by the concerning person or by a person authorized by him or her; For identity recognition, you must send a copy of an identity document and an e-mail where the request can be forwarded. When you make the request to cancel your information, you have to evaluate if there are the necessary conditions: because, only natural persons may request to delete data from search engines, only if these data is not of public use (for example: information concerning current events, or useful for Consumer Rights); or data that has been spread on the web without permission (identity theft).
To exercise the “Right to be forgotten” you must collect all the URLs of the web pages, where you can find the data that you want to delete from the search engine. A Webmaster knows how to produce the list of data that should included in the request, so that all the data that can be found on Google can be removed. The reasons for the request must be discussed with the legal assistance, because Google can ask you for legal documents when submitting the request. Google may take a few weeks to reply: in the case of a failure, Google will explain the reason for this, and advise you to contact the Webmasters of the concerning Website, or to submit the request for the right to be forgotten to GDPR (General Data Protection Regulation).
Since these is personal data, it’s convenient that you have the assistance of an expert lawyer on the case of Right to be Forgotten”, because he can handle legal documentation and he can be helped by a Webmaster, or other type of IT collaborator. In this way, he can execute the necessary procedures for your request, without any mistakes. Asking to remove your information from Google, a web-page, an image or your personal data, is wanting to exercise the Right to be Forgotten. The access to the Right To Be Forgotten Form is not sufficient: before you start an action, it is important that a legal assistant prepares the necessary documentation and that he is in contact with the Webmaster and the Data Controller.
When you submit a claim of the Right to be Forgotten in search engines, you may need to contact a site’s Webmaster and you might need to provide them with specific information about the data on the pages. Google may decline your request to the Right to be Forgotten if it believes that the data on the pages is useful for other legal matters. For example, if they are useful for the “freedom of speech”, or to protect the “consumer protection”. In these cases, the application must be filed to the data agency, and it might be helpful to have both legal assistance and a Webmaster, because they need to apply certain computer protocols needed to process the data.