The Google right to be forgotten case what is the first time when this right was formally recognized against Google. Prior to this, Google had argued that since it did not create any information and did not use the personal information for commercial benefit, it cannot be liable for the same.
In this article, we provide an in-depth review of the Google right to be forgotten case and how to request the removal of your personal information.
What is Google Right to be Forgotten Case?
In the Google right to be forgotten case, Google argued that the right is not applicable against it. Instead, it is only applicable against companies that directly store and share personal information. This would include a website or a blog that creates content.
Google argued that it did not benefit commercially from such collection, storage, or processing of personal information. Instead, it was simply sharing the information that has been created by others. However, this was rejected by other European Court of Justice.
The Court of Justice held that Google is using personal information for its own commercial benefit. This is done by way of running advertisements when showing such results. Due to this, Google is also liable under the General Data Protection Regulation.
The right to be forgotten can be exercised by directly filling the Personal Information Removal Form. This was introduced by Google to comply with the Google right to be forgotten case. Other than that, you can also approach Google through an oral or written request.
How Does Google Right to be Forgotten Case Help Me?
The Google right to be forgotten case ensures that any individual can request the permanent removal of information. Google will have no option but to comply with the request. It is important to keep in mind that the right to be forgotten can only be exercised within the limits of the General Data Protection Regulation.
As per article 17, the right to be forgotten can only be exercised if one of the following reasons is applicable:
- The data was collected in an unlawful way.
- The data was collected without the consent of the data subject.
- The data was collected with the consent of the data subject, but she has now withdrawn it.
- The data does not serve a legitimate purpose.
- The data does not further the public interest.
- Processing or sharing the data is not in compliance with the law.
If any of the above conditions are met, then a right to be forgotten request can be submitted against Google. If the reasons mentioned are correct, then Google will have no option but to stop showing the URL in the search results.
Article 17 also provides certain exceptions when Google does not have to remove the URL. The exceptions are listed below:
- Sharing or processing of the data is necessary for the public interest.
- The data is being used for scientific development.
- The data is being shared in an exercise of the right to freedom of speech and expression.
- The data is being used to develop a legal claim or a legal defense.
- The data belongs to a public figure.
In these conditions, Google has the right to refuse the hiding of any information. In any case, Google will reply to you within 30 days and inform you about the decision. If you are not satisfied with the decision, you can still take legal action against Google.
What is Google right to be forgotten case?
The Google right to be forgotten case recognized this right against Google. Prior to this, Google had denied that it is required to remove personal information.
How does Google right to be forgotten work?
Once a right to be forgotten request is submitted, Google has 30 days to process it. Google will make a decision based on the circumstances of the case.
How do I submit a right to be forgotten request?
You can submit a right to be forgotten request in an oral or written format. This can be submitted to a part of the organization, an employee, or customer support.
What is a right to be forgotten?
The right to be forgotten grants individuals the right to request the permanent removal of information.