Right to be forgotten

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Right to be forgotten search results removal

The right to be forgotten has given opportunities to people who are desperate for a second chance in life. Whilst on the face of it, de-listing webpages from Google searches appears to be a simple task such as filling out a short form, the reality is, that in order to enhance a person's chances of achieving success, such as delisting from search results, seeking professional advice is more likely to achieve those results.

Google rejected my right to be forgotten request

What to do if your right to be forgotten request is rejected

Every right to be forgotten request is different

Complex right to be forgotten requests

Google rejected my right to be forgotten request

Below are the most common reasons why Google may have rejected your right to be forgotten request:

An incomplete application to the search engine provider, which makes it difficult for the search engine to provide an accurate assessment of the request.
A request made on the basis of the wrong law, most commonly, defamation instead of privacy or data protection laws.
A right to be forgotten request by a professional person to remove offending search results without setting out any exceptional circumstances.
A request to remove offending search results where there is an apparent argument for public interest by the search engine provider, without giving compelling reasons why there is no public interest or why the rights of the applicant should take priority over the rights of the public to know about the matter.
Difficulties in understanding the different process that exists for removing images from the Google temporary library and links to videos.
Insufficient knowledge as to whom to approach and what to say, in order to have autosuggestion search results that links to the offending articles removed from the search engine.
Public figures mistakenly believe that because they are a public figure, the search engine will be correct in refusing to delist offending search results.
By only applying to Google, but not realising that there are other search engines, such as Bing, which are also fairly popular on desktop searches in the UK.

What to do if your right to be forgotten request is rejected

If your right to be forgotten request was rejected, or has been ignored, don’t give up. Seek legal advice because there is still a great scope for overturning the initial decision by the search engine. Approach professionals to assist you. The more experience the firm has, the more likely they are to manage to have the decision to refuse your right to be forgotten request overturned.

Every right to be forgotten request is different

Whilst experience in handling a right to be forgotten request is highly beneficial, so is the acknowledgement that each right to be forgotten case is different and unique. It is therefore unlikely that a sausage factory type of company will be able achieve the extraordinary results that you are looking for.

Many of these companies tend to employ low level skilled workers who operate on a mass scale whilst giving little regard to your individual circumstances and to the intricacies of the law. It might cost you slightly more to have an experienced solicitor assisting you with your right to be forgotten request, but most people want to know that they have done everything within their power to succeed with their right to be forgotten application and that their legal case had been deposited in safe and secure hands. This is particularly true if your right to be forgotten case is complex or if it has already been refused by the search engine.

Complex right to be forgotten requests

Our firm specialises in complex cases associated to the right to be forgotten, particularly cases involving unusual circumstances, individuals who are in the public eye or are professional people and cases where others have already given up.

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How to remove a video posted by a vigilante group

What to do if a vigilante group posted videos about you online

The rise in vigilante groups, assuming police duties and leveraging the widespread use of internet videos, has led to people facing various online reputation problems. This article explores the urgency of seeking legal advice if you become a target of such a vigilante group.

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Delisting Professional Discipline from Google

A right to be forgotten for lawyers, doctors and other professionals

The concept of the right to be forgotten allows individuals to request the removal of their personal information from online platforms under certain circumstances. This includes data which refers to criminal convictions. However, a lingering question remains: can a professional person, such as a doctor, a lawyer or an accountant, have a conviction removed under the right to be forgotten? This question raises complex ethical and legal considerations, as well as the potential impact on an individual's professional reputation and livelihood.

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How to manage online reputation after false allegations

There are few things in life more frustrating than someone who is falsely accused, then goes through a criminal trial, found not guilty and then having to live for decades with news articles that highlight the false allegations. This case study shows how false allegations can strike like lightning, instantly darkening the clear skies of one's personal or professional reputation. This challenge is intensified by search algorithms that may unwittingly prioritise salacious or controversial content, further embedding damaging narratives.

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Can you remove articles from Google if you were not guilty?

What to do if Google shows news articles about your not guilty trial

It’s hard to conceive a more unjust scenario than when Google displays links to articles about an individual who, after years of legal proceedings following an arrest, was ultimately found not guilty.

Does Google have to delist news articles where the defendant was found not guilty?

Is it possible to have news articles about a trial delisted from Google

Can you make successful right to be forgotten request in relation to newspaper reporting’s from court

Does Google have to delist news articles where the defendant was found not guilty?

Google is under no obligation delist news articles where the defendant was found not guilty. However, under a right to be forgotten, there is a strong argument that links to articles which reported (often selectively) from legal proceedings, should not come up in relation to an individual’s name, in the event that the individual was eventually found not guilty of the alleged criminal offences. Our client, Josephine, (not her real name) was an instrumental figure in a thriving business, which offered services such as safety deposit box rentals. This type of business was popular at the time and our client did very well. She was known for providing excellent customer services and had built up a reputation for herself as a trustworthy and an honest business woman.

Sadly, an event occurred whereby a former employee was involved in a fraudulent currency transaction which our client did not consider as fraudulent as such at the time, but an error of judgement by the employee and by providing further training. Over a decade later, it transpired that the transaction was indeed fraudulent and both Josephine and her former employee were arrested for frau and stood a trial.

Whilst the jury had found Josephine not guilty of any wrongdoing, they found the former employee guilty as charged. The trial received an extensive media coverage which has remained online for over 30 years. Since them, Josephine has suffered serious harm to her reputation and her business never fully recovered. She recently wanted to sell he business but the articles online made it impossible for her to do so. Josephine then sought the advice of our lawyers at Cohen Davis.

Is it possible to have news articles about a trial delisted from Google

The answer is yes. It is possible to have news articles about a trial delisted from Google but this would depend on the circumstances of each case. Our in-depth assessment of Josephine’s case, presented two clear pathways to having news articles about her trial removed from Google searches in relation to her name. Simultaneously, we were prepared to serve Google with a direct GDPR notice, which would compel them to respond within a 21-day window or risk potential legal ramifications.

If this approach hit a roadblock, we were prepared to serve task maters further, including issuing legal proceedings against Google for breach of our client’s right to fair proceedings of her data and breach of her right to private life. Our lawyers’ stance was clear – given the age of the events and the inaccuracies presented in various articles, their continuous circulation was no linger in the public interest and was becoming increasingly damaging to our client under extremely unfair circumstances.

Can you make successful right to be forgotten request in relation to newspaper reporting’s from court

Newspapers have a right to report from court proceedings provided they do so fairly. Google, however, not being a member of the press, doesn’t have the same rights. So, whilst it could be very difficult to convince a newspaper editor to delete news articles which had been providing fair court reporting, it is very possible to convince Google to do this very thing.

Following our successful communications with Google, Josephine began to see a transformative shift in her online presence. Key derogatory and defamatory articles started disappearing from search results, and he persistent shadow of her past began dissipating. Josephine felt a renewed sense of control over her life and online persona, and this had a massive positive impact on her business which she was subsequently able to sell.

Overwhelmed with relief, Josephine expressed how our firm’s multi-faceted approach not only provided effective solutions but also played a vital role in restoring her peace of mind and mental health. Her journey serves as a poignant reminder that the digital age can amplify past events, often overshadowing one’s resent. Yet, with sharp legal guidance, resilience, and a well-devised strategy, it’s possible to reframe one’s online story and move forward with renewed optimism.

Are you a victim of defamation? Time might be of the essence. Call us now for legal advice on +44 207 183 4123 or send a request and we will contact you as soon as possible.

Case studies are based on true cases where names, dates and circumstances have often been amended to protect the identity of those involved.

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Does a right to be forgotten apply to prison sentence of over 4 years

How to remove criminal record with the right to be forgotten

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Why did Google refuse your right to be forgotten request

Google denies your Right to be forgotten request but admits it may be wrong

Your right to be forgotten application might be refused because Google sometimes passes judgment over the moral or social choices and past errors you might have made.