Role of a Right to Be Forgotten Lawyer
Right to Be Forgotten Lawyer’s Guide to Submitting GDPR Erasure Requests
If you operate a business that collects and processes personal data in the UK or EU, it's essential to be aware of the right to be forgotten, also known as the right of erasure. Businesses most likely to receive the highest number of erasure requests include digital service providers, such as online search engines, online marketplaces, cloud computing services, and any other digital service providers required to register on the network and information systems register (NIS).
By virtue of the General Data Protection Regulation (GDPR), individuals in the UK and across Europe possess their ‘right to be forgotten’ as outlined in Article 17 of the UK GDPR.
In this article, we will explore the significant role of an erasure request lawyer. We’ll also discuss how they can assist you in reclaiming your online reputation and safeguarding your privacy.
The Right to Be Forgotten: Why You Need a Right to Be Forgotten Lawyer to Safeguard Your Online Reputation
The Right to be Forgotten empowers individuals to request the removal of their personal data under specific circumstances, such as when the data is no longer necessary, was processed unlawfully, or when consent has been withdrawn. This right is a valuable tool for safeguarding individuals against detrimental online content that may impact their personal or professional lives.
The process involves:
1. Formal Requests: Individuals submit a written request for their data to be deleted.
2. Assessment: Upon receipt of the erasure request, the business evaluates it against the criteria outlined in Article 17 to determine whether the data should indeed be removed.
3. Implementation* If the request is deemed valid, the data management team initiates the prompt deletion of the relevant data and subsequently informs the requester of the action taken.
Navigating this process can sometimes be complex. In such instances, the expertise of a Data Protection Lawyer may be beneficial to ensure compliance and clarity.
The Role of an Erasure Request Lawyer
A Data Protection Lawyer specialises in GDPR obligations and is pivotal in ensuring your request for removal is substantiated and correctly submitted. This can involve:
- Assessing the legitimacy of the online content you wish to have removed.
- Formulating the appropriate legal arguments to support your erasure request.
- Identifying the correct data controllers and ensuring that your request is handled within the legal timelines established by the GDPR. These legal intricacies highlight the need for expert guidance, as improperly submitted requests can lead to rejection or delays, prolonging your distress.
Landmark Cases and Developments
Key Legal Precedents
Overview of important cases in the UK and EU
EU
The following landmark case established the right to be forgotten within the EU. The Court of Justice of the European Union (CJEU) ruled that individuals have the right to request search engines to remove links to their personal data if it is outdated, irrelevant, or excessive.
Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González. Judgment 14 May 2014
In March 2010, Costeja González, a national of Spain, filed a complaint with the country's Data Protection Agency against La Vanguardia newspaper, Google Spain, and Google Inc. González sought to have the newspaper modify or delete the record relating to his 1998 legal proceedings involving attachment and garnishment, which he argued should no longer be accessible via Internet search engines. He also asked Google Inc., along with its subsidiary Google Spain, to erase or obscure the relevant data. González contended that the matter had been fully resolved for several years, warranting its removal from online platforms. The Data Protection Agency dismissed the complaint against La Vanguardia, determining that the newspaper’s publication was justified by a legal mandate. However, it upheld the complaint regarding Google, establishing that search engines are subject to data protection regulations and must take necessary actions to safeguard personal information.
Upon appeal, Spain's National High Court suspended the proceedings and referred several questions to the European Court of Justice about the relevance of EU Directive 95/46 (concerning the protection of personal data) to search engines. The Court concluded that a search engine acts as a "controller" in terms of "processing" personal data by locating, indexing, storing, and sharing such information. Furthermore, it stated that to uphold the privacy rights and data protection, search engine operators may be compelled to remove personal information that has been published by third-party websites. However, the right of the data subject to request such removal must be weighed against the public interest in accessing that personal information.
UK
Following Brexit, the UK no longer directly follows the EU GDPR; however, the principles of data protection and the right to be forgotten have been incorporated into UK law.
This case involved two claimants who sought to have their names removed from Google search results.
NT1 & NT2 v Google LLC [2018] EWHC 799 (QB)
This case revolves around the concept of the “right to be forgotten,” specifically the ability to request the removal or deindexing of personal information from internet search engines (ISEs). The claims were grounded in data protection legislation and the English tort of misuse of private information.
The two claimants, who are businesspersons with prior criminal convictions dating back several years, expressed concerns about search results produced by Google’s search engine, “Search.” They argued that the links to third-party articles regarding their convictions were outdated, irrelevant, inaccurate, and constituted an unjust violation of their rights.
In the case of NT1, Judge Warby concluded that Google’s assertion that the delisting claim was an abuse of court process was unfounded. The challenge regarding accuracy was dismissed, as the first article in question was deemed a substantially fair and accurate depiction of publicly conducted legal proceedings. The second article, while not accurate, did not meet the claimant’s burden of proving any material inaccuracy. Similar determinations were made regarding the information presented in the Book Extract. Consequently, the majority of the delisting request was also denied, and the misuse of private information claim was unsuccessful, meaning no compensation or damages were warranted.
In the NT2 case, the Court also ruled that the delisting request did not constitute an abuse of the court’s process, rejecting Google’s claims. The complaint concerning inaccuracies was upheld, prompting the court to indicate that a suitable delisting order would be established, pending further deliberation on its specifics. Ultimately, the delisting claim was largely successful, while the misuse of private information claim was as well; however, due to Google exercising reasonable care in the matter, the claimant did not qualify for compensation or damages.
ICO Guidance:
The Information Commissioner's Office (ICO) provides guidance on individuals' rights under UK data protection laws, including the right to request the removal of information that is inaccurate, irrelevant, excessive, or outdated.
How Can A Right To Be Forgotten Lawyer Assist Clients
Our firm excels in providing tailored support for online content removal. Here’s how we can help:
1. Consultation and Strategy Development: We begin with a thorough consultation to understand your specific situation. Based on the details, we'll develop a robust strategy to tackle your online content removal effectively.
2. Drafting Erasure Requests: Once we have our plan, our experienced team will draft erasure requests that meet all legal requirements, ensuring that they clearly justify the removal of the specified data.
3. Communicating with Data Controllers: We will handle all communications with the relevant organisations or individuals holding your data, allowing you to focus on other pressing matters while we advocate for your rights.
4. Appealing Rejected Requests: If your request is denied, our Online Reputation Lawyer has the expertise to analyse the reasons for rejection and pursue further appeals, reinforcing your case and maximising your chances of success.
Frequently Asked Questions and Answers
1. Question: What exactly does the Right to be Forgotten mean?
Answer: The Right to be Forgotten, established by Article 17 of the GDPR, allows individuals to request the removal of personal data from online sources. This typically applies to data that is outdated, irrelevant, or processed unlawfully. It empowers you to take control of your personal information and mitigate damaging online content.
2. Question: What kind of online content can I request to have removed?
Answer: You can request the removal of any personal data that meets the criteria for erasure under the GDPR. This may include negative reviews, outdated news articles, or any information that is no longer relevant to your life. However, the content must relate to you personally and should not have a legitimate public interest justification.
3. Question: How can I determine if my erasure request has a strong chance of success?
Answer: Several factors influence the success of your request, such as the nature of the content, the reasons for its removal, and whether it violates your privacy rights under the GDPR. Consulting with a Right to Erasure Lawyer can help you evaluate these factors and strengthen your case before submission.
4. Question: How long does it usually take for an erasure request to be processed?
Answer: Under the GDPR, data controllers are required to respond to erasure requests within one month. However, complex cases or appeals may take longer. We will monitor the process closely and keep you informed throughout.
5. Question: Can I handle the erasure request on my own?
Answer: While it’s possible to submit an erasure request without legal assistance, the complexities of GDPR law can make it challenging. Hiring a Privacy Lawyer ensures that your request is properly formulated and increases the likelihood of a successful outcome. We can also provide you with peace of mind knowing that experts are handling your case.
6. Question: What will it cost to retain your services for my erasure request?
Answer: The costs can vary depending on the complexity of your case and the services provided. Our firm offers transparent pricing and provides a detailed breakdown of fees during the initial consultation so you can make an informed decision.
7. Question: Is my identity kept confidential throughout the process?
Answer: Yes, we prioritise your privacy and confidentiality. We handle all requests with care to protect your identity, both in communications with data controllers and in legal proceedings if necessary.
8. Question: What is the next step if I want to proceed with an erasure request?
Answer: To begin, contact our firm for a consultation. We will assess your situation, discuss your options, and outline a strategy tailored to your needs. Taking that first step can put you on the path to reclaiming your online reputation.
Conclusion: Engage an Online Content Removal Lawyer - Take Action for Your Online Reputation
Don’t let damaging online content dictate your life. Contact our firm today for a consultation with an experienced Privacy Lawyer. With our dedicated team led by our online content removal lawyer, you can confidently navigate the process, ensuring your erasure request is handled with the seriousness and expertise it deserves. The path to reclaiming your privacy and enhancing your online reputation begins here—let us help you take that first step.
Useful Resources
1. What is GDPR, the EU’s new data protection law? - GDPR.eu
2. A guide to the data protection exemptions | ICO
3. Art. 6 GDPR – Lawfulness of processing - General Data Protection Regulation (GDPR),
4. ECSH10500 - Data Protection Act 2018/General Data Protection Regulation: introduction - HMRC internal manual - GOV.UK
5. An overview of the UK's data privacy regime - Stevens & Bolton LLP
6. The Data Protection Act 2018 and the UK GDPR | Legal Guidance | LexisNexis
7. UK-GDPR.org and GDPR-info.eu provide resources for understanding the UK-GDPR.
8. Defending against a data protection compensation claim.
Our latest articles on UK GDPR and DPA 2018 compliance can be found on our blog.
Meet The Team: Peter Adediran; Gabrielle Felix; Poppy Harston
Contact Us for More Information
For a quotation, please contact us at (020) 7305-7491 or peter@pailsolicitors.co.uk. We would be delighted to assist you. The writer is Mr Peter Adediran, the owner and principal solicitor at PAIL® Solicitors and a specialist in online reputation-related law. Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.