What is called a right to be forgotten?

What Is Called a Right to Be Forgotten?

In the digital age, our personal information is more accessible than ever before. This accessibility brings with it a host of legal challenges, one of which is the right to be forgotten. At Pro Legal, we delve deep into such intricate legal matters to provide you with comprehensive insights. The right to be forgotten is not just a legal term; it is a crucial aspect of online reputation management and digital footprint protection.

Definition and Legal Context

The right to be forgotten refers to an individual's right to have personal information removed from internet searches and other directories under certain conditions. This concept gained prominence with the EU General Data Protection Regulation (GDPR) which came into effect in May 2018. Under Article 17 of the GDPR, individuals have the right to request erasure of personal data when it is no longer necessary, when consent is withdrawn, or when the data has been unlawfully processed.

EU General Data Protection Regulation (GDPR)

The GDPR is a comprehensive regulation that governs data protection and privacy within the European Union. It aims to give individuals more control over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. The right to be forgotten is a key provision of this regulation, empowering individuals to manage their online presence.

Legal Precedents

One of the most significant legal precedents for the right to be forgotten was established in 2014 by the European Court of Justice in the case of Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González. This landmark case set the foundation for individuals to request that search engines remove links to personal data that is "inadequate, irrelevant, or no longer relevant."

Practical Implications of the Right to Be Forgotten

For Individuals

For individuals, the right to be forgotten offers a means to protect their privacy and manage their online reputation. It can be particularly beneficial in cases of outdated or misleading information that could harm one's personal or professional life. However, it is important to note that this right is not absolute and must be balanced against other fundamental rights, such as freedom of expression and information.

For Businesses

Businesses, particularly those operating online, face significant challenges in complying with the right to be forgotten. They must establish mechanisms to handle erasure requests and ensure that personal data is appropriately removed without infringing on other legal obligations. This often involves a complex interplay between data protection laws and other relevant regulations.

How to Exercise the Right to Be Forgotten

Exercising the right to be forgotten involves several steps. Below is a guide to help you navigate this process:

• Identify the personal data you want removed.
• Contact the organisation or search engine holding the data with a formal request for erasure.
• Provide reasons why the data should be removed, citing relevant legal grounds under the GDPR.
• Await a response; the organisation is required to respond within one month.
• If the request is denied, you may appeal to your national data protection authority.

Common Misconceptions About the Right to Be Forgotten

There are several misconceptions surrounding the right to be forgotten. It is important to clarify that it does not grant an unconditional right to have any and all information removed from the internet. Instead, it targets specific scenarios where the continued processing of data is deemed unnecessary or harmful. Additionally, the right to be forgotten does not erase information from the source but rather from search engine results, making it less accessible.

Summary Table

At Pro Legal, we understand the complexities surrounding the right to be forgotten. This guide aims to shed light on its importance, practical implications, and the steps you can take to exercise this right. As our digital world continues to evolve, staying informed and proactive in managing your online presence is more critical than ever.