Right to be forgotten FAQ
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Helping you make a successful right to be forgotten application
The perception that the right to be forgotten application is an easy and straightforward process, is the main reason half of the right to be forgotten applications to Google are refused. You can substantially enhance the likelihood of success of your right to be forgotten application by reading this article.
What is the right to be forgotten
Are there exceptions to the right to be forgotten
What is the guidance say about exceptions to the right to be forgotten
How long do you have to make a right to be forgotten application
How does the right to be forgotten work
Can you force a company to delete your data under a right to be forgotten
Why a company might refuse to delete your personal data under a right to be forgotten
Who is entitled to use the right to be forgotten
Is the right to be forgotten a human right
Why you should use Cohen Davis Solicitors to advise you on your right to be forgotten application
What is the right to be forgotten
The right to be forgotten is a legal concept that allows individuals to request the removal of their personal data from online sources. The right is enshrined in European Union law, and it gives individuals the power to control how their personal information is used and shared.
The right to be forgotten has been a controversial topic, and it has been the subject of various court cases. The most famous case is Google v. Costeja, in which the European Court of Justice ruled that Google must remove links to articles about an individual if that individual requests it. The right to be forgotten is a complex legal concept, and it is still evolving. If you have questions about
Are there exceptions to the right to be forgotten
There may be that the right to be forgotten applies to certain kinds of personal data. The EU has no official list of exceptions, but the Data Protection Commission has issued guidelines that detail situations where personal data removal may not be possible.
The right to be forgotten is a right under EU law that gives individuals the ability to request that their personal data be erased in certain situations. The EU has no official list of exceptions to this right, but various Data Protection Authorities across the European Economic Area have issued guidelines that detail situations where personal data removal may not be possible.
What is the guidance say about exceptions to the right to be forgotten
Various data protection authorities in the European Economic Area, including the Irish Data Protection Commission, have issued clarifications, to the effect that a right to erasure, (or a right to be forgotten) does not override the public interest in preserving certain historical information.
The guidance states that while the right is absolute, there are specific factual circumstances in which the right may be restricted.
How long do you have to make a right to be forgotten application
There is no time limit to as to when you can make a right to be forgotten application. Some search engines have previously issued guidance that says that you can repeat a right to be forgotten application up to 12 months after the original request was made. However, there is no legal obligation for you to wait for 12 months before you make a second right to be forgotten application.
How does the right to be forgotten work
The right to be forgotten is a legal right. The right to be forgotten applies to the processing of personal data. Under the right to be forgotten, individuals can ask search engines to remove links to personal data about them, and links that contain personal information.
You do not have to use the search engine's own right to be forgotten form. Instead, you can send your own letter or form and the search engine must deal with it in exactly the same way they deal with an automated right to be forgotten application form.
Can you force a company to delete your data under a right to be forgotten
No. You cannot force a company to delete your data under a right to be forgotten unless your request relates to specific data and the data is being processed without an unlawful cause. The lawful cause for processing your personal data by a company might not be obvious to you from the outset but it might include commercial and regulatory justifications.
Even in England, which has some of the strongest privacy legislation in the world, in many cases, it is not possible to force a company to delete your personal data country. This is because of the wide range of exceptions that exist to the right to be forgotten and to data processing deletion requests.
Why a company might refuse to delete your personal data under a right to be forgotten
There are certain legal obligations on companies to continue processing your personal data even if you do not agree to the processing. For example, if you have signed up for a service and then decide you no longer want to use it, the company may still need to process your data in order to fulfil its contractual obligations to you or to protect itself against future claims, or in order to comply with bookkeeping requirements
Another example of why a company may not agree to delete your personal data despite your objection to the processing of the data is the obligation of record keeping under various tax, data and regulatory laws.
In some cases, a company may be required by law to keep certain records containing personal data, even if the individual has objected to the processing of that data. This may be the case if the data is needed for the company to comply with a legal obligation, or if it is in the public interest for the company to keep the data.
Who is entitled to use the right to be forgotten
The right to be forgotten is a right that individuals have to request the removal of certain links from their web search results. The right was given to citizens and residents of the European Economic Area but frequent visitors to countries that are in the European Economic Area may also take advantage of the right to be forgotten. This right allows individuals to request that their personal data be removed from search engine results if it is inaccurate, irrelevant, or excessive.
The right may also allow individuals to request deletion of posts from websites, blogs and social media, provided those posts include personal data and the processing of those posts cannot be justified under any of the right to be forgotten exceptions.
The right to be forgotten has essentially made the process of getting a website removed from Google's search results much easier. Although, Google has stated that they will not remove all links to a site, but rather carefully judge which links to remove. This means that if you have a website that you want to be removed from Google's search results, you can request that Google remove specific links to your site.
Is the right to be forgotten a human right
Yes, the right to be forgotten is a human right. Although it is not specifically mentioned in the Universal Declaration of Human Rights, it is deemed as a basic human right under Article 17 of GDPR.
This right is essential for every individual, as it allows them to freely express themselves and their opinions. It is essential for the development of society as a whole, as it allows for the exchange of ideas and the free flow of information.
Why you might need the advice of an expert solicitor to succeed with your right to be forgotten application
To substantially enhance the likelihood of success of your right to be forgotten application, particularly if you are uncertain about the outcome of your application, you should consider seeking the help of an experienced solicitor who is an expert in removing links from search results under a right to be forgotten and under other available laws. When making a right to be forgotten application.
Firstly, the process can be quite complex and confusing and the perceived simplicity of it could cost you a denial. A solicitor can help to ensure that you are following the correct procedure and filling out the necessary forms correctly as well as supplying the search engine with documents that the solicitor knows are likely to enhance the likelihood of success of your right to be forgotten application.
Secondly, if your application is unsuccessful, a solicitor, who is an expert in this field of law, can advise you and help you prepare appeals, and may be able to provide you with advice on how to increase your chances of success in the appeal. It might not always be wise to appeal a right to be forgotten refusal to the ICO for reasons discussed elsewhere on this website.
Finally, if your application is successful, a solicitor can help you ensure that the search engine, in fact, removes the links to all the offensive websites completely and permanently.
Why you should use Cohen Davis Solicitors to advise you on your right to be forgotten application
You should use Cohen Davis Solicitors to advise you on your right to be forgotten application because Cohen Davis' lawyers have a lot of experience with this type of case.
They will be able to help you navigate the process and ensure that your likelihood of success of your right to be forgotten application is maximised.
