Right to be Forgotten

The right to be forgot: Forget it?

The Google Spain case concerned Maria Cotija González, whose articles from a Spanish daily newspaper were circulating on the internet relating to a debt auction years after it took place. Gonzalez then request the Spanish privacy watchdog that the page were remove, or change in such a way that the personal data was no longer show, either by the newspaper or by Google. The regulator granted this with regard to Google, to which Google lodged an appeal and the Spanish court has referred questions to the Court of Justice for a preliminary ruling.

Also read: help with right to be forgotten

The result and result of Google Spain
In response to the preliminary question, the Court of Justice state, among other thing, that data subject have the right to request the processor to stop process and delete their personal data. It is important here whether “ the data subject has the right to have the information in question about him no longer associate with his name via a list of result that is display after a search made on his name ”. 

It is irrelevant here that the data subject is harm by including his information in the list of result. This right sets aside both the economic interest of the processor and the public’s right to information about the data subject, unless it concern special circumstance such as people with a special role in public life. A politician cannot simply have him remove unwelcome search result.

Technical Reason

However, the question is whether ordinary citizens can do this: according to NOS reports, the majority of request to remove link are reject. A report by Google, call the Transparency Report, shows that of a total of 134,433 objectionable link in 36 901 Dutch request between 28 May 2014 and 27 February 2018, only 46.8% were remove. Google itself indicates in its report that this is mainly due to the existence of alternative solutions, technical reasons and duplicate URLs.

Also read: right to be forgotten gdpr

The right to be forgot and the GDPR
As you may have expect, the right to be forgot is also include in the General Data Protection Regulation that will be enforce from 25 May 2018. Article 17 of the GDPR include the right to erasure, or “right to be forgot” according to the Dutch legal text. The ground for this are list in paragraph 1, namely if (sub. a) the personal data are no longer necessary for the purpose for which they were collect or otherwise process, a condition in which the purpose limitation for the processing of personal data can be easily recognize, (sub b) if the data subject withdraw the consent originally give for processing and there is no other legal ground for processing, (sub c) if the data subject object to the processing in accordance with Article 21(1) or (2) GDPR.

What if your request is reject?
It seems that people have not alway been able to exercise the right to be forgot until now. Fortunately, there is the possibility to ask for help from the Dutch Data Protection Authority. As of May 2017 the AP has received requests from 155 people. To help them remove search results from a search engine Right to be Forgotten Meaning. This led to 37 successful interventions by the Dutch privacy regulator. If the AP is also unable to help then the option is still open. To submit a petition to the court ex (under current law). Article 46 WFP to order the controller to no longer process and delete the personal data. Using the standard administrative law. period of 6 weeks after receipt of the answer from the controller in this case.

Deletion of data and the right to be forgot

The right to be forgot – is an extension of the right to erasure and is new under the GDPR. What exactly does it mean? When do you have a “ right to be forgot”? If you want your personal data to be delete. And therefore no longer process – you can do so in the following case:

  • If your personal data is unlawfully process;
  • If there is a legal obligation to delete the personal data;
  • The personal data are no longer necessary for the purpose for which they are use;
  • You withdraw your consent;
  • You object to the processing, and the controller has no interests that outweigh
  • The data is process exclusively for direct marketing purpose
  • Data is collect in relation to service to children under the age of 16.

The right to be forgot goes beyond deletion. If such a request is made a controller has the task of also letting. Other know that the data subject want any link to or copy of the data to be delete. Exceptions to the right to be forgot there are however some exception. To the right to erasure and the right to be forgot, namely:

  • In connection with the right to freedom of expression and information;
  • To comply with a legal obligation, to perform a task in the public interest or to exercise public authority;
  • In the interest of public health;
  • For archiving, research or statistics;
  • In connection with a lawsuit.
Article Editor