The Right to be Forgotten in the UK: When it applies and when it doesn’t.
The Right to be Forgotten is your legal entitlement to request organisations delete your personal data. It’s part of the UK’s GDPR legislation. Crucially, when it comes to online reputation management, it’s your legal lifeline. Here’s why:
The Right to be Forgotten means you can legally request to remove links from Google and other search engines. So if there are negative articles about you online, this right may stop people finding them when they search your name. Before you get your hopes though, a word of caution.
There are lots of ins and outs to this law. That’s because the Right to Erasure, as it’s also known, has to be balanced against the public right to know. That means requests for Google removals are often rejected. Those negative articles about you are then left lingering online for all to see.
This post will guide you through when the Right to be Forgotten applies and when it doesn’t. We’ve also included some examples of clients we’ve helped. As experts in the Right to be Forgotten, we have lots of experience in helping people like you make a fresh start.
Keep in mind that this law is very complex. So it’s always best to speak to a professional.
The Right to be Forgotten means you can legally request to remove links from Google and other search engines. So if there are negative articles about you online, this right may stop people finding them when they search your name. Before you get your hopes though, a word of caution.
There are lots of ins and outs to this law. That’s because the Right to Erasure, as it’s also known, has to be balanced against the public right to know. That means requests for Google removals are often rejected. Those negative articles about you are then left lingering online for all to see.
This post will guide you through when the Right to be Forgotten applies and when it doesn’t. We’ve also included some examples of clients we’ve helped. As experts in the Right to be Forgotten, we have lots of experience in helping people like you make a fresh start.
Keep in mind that this law is very complex. So it’s always best to speak to a professional.
Who can request to remove links from Google using the Right to be Forgotten?
The following people are generally eligible for Google removals using the Right to be Forgotten:
- People with spent convictions. If you've served your time, outdated information online can generally be removed. This is especially true for fully-served sentences of under four years.
- Those acquitted or with dropped charges. You can remove links from Google if they relate to false accusations and dropped charges.
- Victims of attack websites. If you’ve been harassed online, the Right to be Forgotten often applies to getting links removed.
- Individuals affected by company closures. Google removals generally apply to past business failures. You would usually need to have switched industries.
- Missing persons who've returned. You can remove links to old reports about you being missing.
- People whose public records have been republished. Publicly available information about you that’s published on third-party websites can often be removed. This may include court judgments and bankruptcy records etc.
- Public figures linked to unrelated content. You can use the Right to be Forgotten to remove links to content that claims you endorse a product, for example.
- People with irrelevant or misleading information about them online. Google's algorithms aren't perfect. If unrelated or offensive content appears when your name is searched, the Right to be Forgotten applies.
- Victims of embarrassing or damaging publicity. This applies to private topics, like relationship issues or inheritance disputes. If there’s no public interest in this information being online, you can remove links from Google.
What are examples of the Right to be Forgotten being applied?
Here are some examples from our clients who’ve used the Right to be Forgotten to remove links from Google. These are only brief summaries. If you want to read the full story, view our case studies page.
News articles about fraud charges
After his wife passed, our client’s business faced financial difficulties. Attempting to get out of this situation, he issued fraudulent invoices. This resulted in a fraud conviction and the story made it onto several news websites. These reports caused serious damage to our client’s reputation. After some years, the conviction was spent. Using the Right to be Forgotten, we removed links about these fraud charges from search engines. Our client has now rebuilt their reputation and moved on with their life.
News articles about a non-violent crime
Our client was convicted of a non-violent crime. Information about this remained online for all to see even when it was spent. Not only was this damaging their reputation, but also their family’s. Exercising the Right to Erasure, we were able to remove information about our client’s arrest, conviction, and related photos. By restoring their privacy, both they and their family have enjoyed a fresh start.
News articles about financial troubles
Due to unpaid debts, our client was subject to excessive media coverage and scrutiny. One article in particular remained online for over 6 years. As so much time had passed, the stories were no longer relevant, meaning we could remove the link from Google. We even persuaded the newspaper to delete the article from their website, too. Thanks to the Right to be Forgotten, our client has earned a clean slate.
How to remove links from Google using the Right to be Forgotten?
You can exercise your Right to be Forgotten by applying directly to search engines. Google, Bing and others have forms you can complete to request link removal. You’ll need to provide the specific URLs and a detailed argument as to why you want the link taken down. Check out our free guide for help.
When doesn’t the Right to be Forgotten apply?
The Right to be Forgotten may not apply to the following types of people or scenarios:
Remember, the Right to be Forgotten is a complex law. The above examples may describe your case, but you could still be eligible. It’s always best to seek legal advice and speak with a professional.
- Fair and accurate opinions about businesses.
- Personal opinions about someone’s current business methods.
- Public records, such as those from Companies House or HMRC.
- For people who’ve intentionally taken up a role in the public eye within the last 10 years. This includes politicians, religious leaders and journalists.
- Legal matters that are undecided or ongoing, such as media coverage of pending trials. These are not eligible for Google removals until a final verdict is reached.
- Convictions carrying sentences of over four years for serious crimes. These included violence, sexual offences, or terrorism.
Remember, the Right to be Forgotten is a complex law. The above examples may describe your case, but you could still be eligible. It’s always best to seek legal advice and speak with a professional.
What’s Internet Erasure’s experience with the Right to be Forgotten?
Internet Erasure's has removed over 25,000 articles, images and links from Google using the Right to be Forgotten. Our privacy experts have helped more than 600 clients rebuild their reputation. We’re also the UK’s highest-rated* and the most recommended company specialising in the Right to be Forgotten. You can read our 170+ 5-star reviews on Trustpilot.
If you’ve suffered bad publicity, we’ll do our best to help you make a fresh start. Contact us today.
*Highest rated on Trustpilot.
If you’ve suffered bad publicity, we’ll do our best to help you make a fresh start. Contact us today.
*Highest rated on Trustpilot.