How to deal with online articles misrepresenting you
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I’m being misrepresented online, what can I do?
Mr. Anderson, falsely portrayed online as a murderer due to outdated and misleading information, sought legal assistance from Cohen Davis Solicitors to invoke the Right to Be Forgotten under GDPR.
Background
In 2011, Mr. Anderson (not his real name), faced serious legal challenges when he was convicted of selling a class B drug and conspiring to pervert the course of justice. This ordeal resulted in a six-year prison sentence, of which he served three. Despite the gravity of his conviction, Mr. Anderson's time in incarceration was marked by a profound personal transformation. He dedicated himself to the education of fellow inmates, teaching them to read and write, and deepened his own understanding of legal matters, which later enabled him to secure a non-legal position at a reputable law firm. However, Mr. Anderson's past convictions cast a long shadow over his new life due to the online footprint left by his case. Searches of his name on Google misleadingly connected him to murder—a crime for which he was neither charged nor convicted. The snippets painted an incorrect and damaging picture of Mr. Anderson as a murderer, impacting his professional relationships and personal reputation.
The action we took
Recognising the critical impact of these misrepresentations, our firm took swift action to address the inaccuracies. We began by documenting the offending URLs and preserving evidence of how Google’s search results portrayed Mr. Anderson. Subsequent efforts involved drafting and submitting several Right to Be Forgotten requests under the relevant articles of the General Data Protection Regulation (GDPR), advocating for the protection of Mr. Anderson’s privacy rights and the removal of the misleading URLs. When our initial requests were denied, we escalated the matter by serving a comprehensive GDPR notice on Google, aiming to correct the false online narrative. Despite our detailed submissions and legal advocacy, the removal efforts faced significant obstacles, primarily because Mr. Anderson’s conviction was not legally considered 'spent,' and thus still held relevance under current legal standards. Unfortunately, our endeavours to clear Mr. Anderson’s name online were unsuccessful. The challenge was compounded by a lack of ongoing communication from Mr. Anderson, who ceased responding to our follow-ups, limiting our ability to further advocate on his behalf.
Lawyers thoughts on the case
This case underscores the complexities of managing ones online reputation in an era where legal outcomes are permanently accessible. It brings to light the limitations of the Right to Be Forgotten in cases where convictions are unspent, as seen in similar legal precedents such as the NT2 V Google case. While we were disheartened by the outcome, this case has reinforced our resolve to advocate for legal reforms that consider the rehabilitative contributions of individuals like Mr. Anderson, who despite their past, have made significant efforts to contribute positively to society. Reflecting on this experience, our firm remains committed to the rigorous application of GDPR tools to defend our clients’ rights. We believe that there should be a greater emphasis on the societal contributions of individuals post-conviction, which should weigh more significantly in decisions about digital information removal. This case has not only highlighted the challenges faced today but also the urgent need for legal systems to adapt to the realities of rehabilitation and redemption.
Contact us
If you find yourself facing similar challenges with your online reputation or have any concerns about how you are represented online, do not hesitate to reach out to us for professional legal support. At Cohen Davis Solicitors, we are dedicated to protecting your rights. You can contact us directly at 020 7183 4123 or send us an email at helpline@cohendavis.co.uk. Our team of experts is ready to provide you with the guidance and assistance you need to address these critical issues effectively.
