Things were fine until someone in Spain filed a case against Spanish Newspaper for showing him in poor light. The fact was that person made a foreclosure of a loan, and years later, this information appeared in the newspaper as a reference (probably in a press release by a third party). The Spanish court handed over the case to the EU court as it felt that such information from the past, which had been fixed long ago, could affect the present and future of people. It also asked to examine the law in light of the Data Protection Law by the same EU court.
EU Court Ruling: Right To Be Forgotten
After brainstorming with Google and Microsoft, the EU court concluded that the data which is no longer needed could be removed – under Data Protection Act. It further concluded that people could opt for images, events, and news to be forgotten after they are of no relevance. In simple words, the ruling has two main parts: The Right to be Forgotten has specific important clauses. First of all, if the search engine removes the information from its servers, the third party hosting the information too has to erase the data from the Internet so that it is not re-indexed by search engines. It also says that search engines operating using servers based out of the EU too need to comply with the decision in which the complainant resides and is a citizen of the European Union. It further adds that each request to be forgotten has to be reviewed separately. The request to be forgotten has to see if the URLs and/or stories being asked to be removed are not of public importance anymore. If the applicant has had a criminal past, the records cannot be removed as people need to know about the person, even if the person has mended his ways. Likewise, suppose the applicant has had a public life as a celebrity or a politician, and the story being asked to be removed related to that public life. The Data Protection Act will protect it, and the Right to be Forgotten will not apply here.
How To Apply To Be Forgotten
As of now, both Google and Bing are offering special forms. A person willing to remove a piece from Internet has to fill up the form and submit it along with documents (if any are requested). Removal of material from search engines is not new. There were already provisions to remove personal information etc., from search engines. But with the EU ruling, the matter has to be taken up on a priority basis, and ALSO, the third party hosting the objectionable content has to erase that data from its site(s). It is better to apply both Bing and Google when you want to be forgotten, as that would ensure you are forgotten. Using the special forms and methods provided and asked by these search engines also facilitates the erasure of third-party websites’ data so that they are not indexed again. NOTE: In both forms, you will have to provide digital identification proof so that they know it is the same person and not some imposter. Read: How to remove your name and information from Search Engines. Remember that submitting the forms does not guarantee that the information will be removed. It will be studied by experts who have to decide that the information is indeed useless and not relevant anymore before it goes for deletion with a request to erase the contents on the third-party websites.
Is the UK still part of EU data protection?
As of January 1, 2021, the United Kingdom officially left the European Union. Under the EU’s GDPR, the United Kingdom is now considered to be a “third country.” Because of this, the EU-GDPR is an EU regulation and it no longer applies to the UK.
What is the difference between Data Protection Act and GDPR?
A GDPR law broadens the scope of what the Data Protection Act covers to account for online identification markers, location data, and genetic information, among others
