Right to be forgotten refused
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If your right to be forgotten application was refused by Google, don’t be disheartened. You now have at least two options to choose from before moving forward.
The first one is to make an application to the Information Commissioner's Office (ICO) to appeal Google’s decision to refuse your right to be forgotten application, and the second is to issue Google with a s10 letter under the Data Protection Act (DPA), which in turn will trigger a legal process which could very possibly end up in court.
Reporting a Concern to the ICO against Google refusal to comply with a right to be forgotten request
To appeal Google refusal to the ICO, you will need to file what the ICO calls a “concern”. You should however treat the report of a concern to the ICO against Google's right to be forgotten refusal as an appeal and we advise that you prepare it to the highest possible standards.
The document often run to 30 pages and more and for best outcomes, we advise that it should be accompanied by an organised list exhibits and witness statements where appropriate.
A successful appeal to the ICO against Google’s rejection of your right to be forgotten application
A successful appeal to the ICO against Google’s rejection of your right to be forgotten application will result in the ICO recommending Google to delist the offending search results from its search engines.
However, this might not be the end of the matter because even after the ICO tells Google to delist search results, Google may still ask the ICO for a Review of its decision.
Google’s request for a Review
Surprisingly though, the ICO will not automatically notify you of Google’s request for a Review and you shall not expect the ICO to send you a copy of Google’s request for a Review either. It is therefore important that you remain active throughout the process because the ICO might conduct a final review of your case, which could often result in reversing its own original decision in your favour, without you even knowing about it.
What you really want is to be informed every step of the way, but this sadly don’t happen far too often. We have seen cases where the ICO made a final Review resulting in reversing its own decision, simply after it received representations from Google and without giving the complainant an opportunity to respond to Google's representations. If this happens, you could find yourself having to either convince the ICO to carry out yet another “final Review” or more likely, having to take the matter to court.
Taking Google to Court under the Data Protection Act (DPA)
You can take Google or the ICO to court, which is certainly going to be both risky and expensive, so clearly you would want to avoid this situation happening in the first place. We recommend that you discuss Google refusal of your right to be forgotten application with an experience lawyer.
Thankfully, we have wealth of experience in this field and our lawyers are happy to assist and answer any questions you might have.
What advice should you seek
We recommend that you seek legal advice before you complete a right to be forgotten application. Speak to a specialist lawyer who should know what works and how to fill out Google right to be forgotten applications in a way that will result in the highest possible likelihood of success.
In the event that your right to be forgotten application to Google is unsuccessful, discuss your strategy with a lawyer. Which option is the best one for you? Should you escalate matters with Google by issuing a s10 Notice or should you take the ICO route? Each case is different and there would be life long implications following the decision you will be making. So you do need to do whatever you can to get this decision right.
Why speak to Cohen Davis
We are the first internet lawyers in the UK. We have been handling removal of information requests from the internet for nearly 20 years. We have laweyrs in our team who are also website coders which means they understand how the internet works like no other lawyers in the country.
We have so far handled dozens of removal applications on behalf of entrepreneurs, lawyers, accountants, premier league footballers, politicians, movie stars, authors, Olympic medallists, teachers and head teachers and many others. Our success rate in obtaining positive outcomes for our clients following ICO appeals against Google refusal of right to be forgotten applications is above 90%.
Calll us free now on 0800 612 7211 or send us an email to Helpline(at)CohenDavis.co.uk. We will take care of everything else.