What is the Right to Be Forgotten in Internet Searches
It’s easy to unknowingly spill more personal information online than you intend to, especially when you post something that you may have forgotten in the past. All things online can resurface so long as there are people who know where to look, which is why it can be frightening to live in a digitally-oriented world.
Fortunately, the recent privacy breaches and scares paved the way to respect the privacy of internet users in 2018, at least only in Europe. Officially known as the “right to be forgotten” or the “right to erasure,” the General Data Protection Regulation (GDPR) makes it possible for people to ask organizations to delete their data in search results.
What is the Right to Be Forgotten?
Under Article 17 of the GDPR, the right to be forgotten means that individuals have the right to obtain personal data without undue delay. At the same time, the controller of the information also must erase the personal data without undue delay.
Putting “undue delay” into context, it is usually within a month. However, there are specific circumstances that make people eligible for the right to be forgotten. This includes the following:
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The right to be forgotten applies when the personal data collected is no longer relevant to the organization.
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If the organization relies on the consent of an individual regarding the processing of data, and the said subject withdraws their consent.
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If the organization is processing an individual’s data based on legitimate interests. When the individual objects, the organization must erase the data when there are no possible ways to override the legitimate interests.
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If the organization has captured and processed personal data unlawfully.
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Organizations must erase personal data to comply with a legal ruling or obligation.
What Exactly Can Search Engines “Forget” in the Right to Erasure?
The data is not necessarily clear since it refers to any personal information that is inadequate, irrelevant, or no longer relevant to the purpose in which it was processed. Fortunately, the EU data protection authorities have cleared up the criteria by saying it involves any public role the individual played online, whether it is related to private life or sensitive information on a business.
However, keep in mind that only searches on the individual’s exact name can be the right to be forgotten applied. If another qualifying term is added to the search, let’s say a location, then it does not apply.
The Bottom Line: Google Gives You the Right to Conceal Your Information
Leaving personal or sensitive information online often feels like a risk. Still, if you’re living in Europe, then you have the benefit of removing your data so long as you pass the criteria.
In your right to be forgotten, search engines like Google, Yahoo, Bing, and more are required to consider removing any links or data that is inaccurate, inadequate, irrelevant, or excessive when a right to be forgotten request file is submitted.
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