The Right of Deletion, also known as the Right to be Forgotten, is a term that refers to the right to request that links to personal data do not appear in the results of an Internet search. This right is usually exercised when there is outdated information or information that tends to create an erroneous perception.
As a background to the use of this right, there is the judgment of the Court of Justice of the European Union (CJEU) of May 13, 2014, in which it states, that “the processing of data by search engines is subject to the data protection rules of the European Union and that individuals have the right to request, under certain conditions, that links to their personal data do not appear in the results of an internet search performed by their name.”
Let’s know some key points to learn more about this right and exercise it effectively.
What is the right to be forgotten?
It is the manifestation of the right of suppression applied to Internet search engines, the right to prevent the dissemination of personal information through the Internet in publications that do not comply or are outside the regulations. Specifically, it is the right to limit the universal and indiscriminate dissemination of sensitive data or information, or when the information in question is obsolete or lacks public interest, even in legitimate publications or those protected by freedom of expression or the right to information.
How can I exercise it?
To exercise this right, the interested party must contact the entity where his or her information is stored, in this case the search engine. Today popular search sites such as Google, Bing or Yahoo offer channels to receive requests to exercise this right. Another option may be to assist the entity that functions as the Data Protection Agency, which will determine whether the request has merit or not.
Will my information disappear from the Internet?
No. In which case, if the search engine is requested to remove the information, it may no longer be available as a direct search, using name and specific data, but it will still be available as a public interest notice or news item. The sources are not altered and the information will still be available if the search is performed using keywords other than the name of the person concerned.
It is also important to recognize that search engines and original publishers or sources treat and process information differently, which in many cases will affect people’s privacy. Therefore, the request to exercise the right to be forgotten can often be successful in a source, but not in a search engine, or, on the contrary.
It should be kept in mind that, nowadays, the information found on the Internet is the equivalent of our business card, it builds our reputation and therefore we should make use of all available resources for its protection, because in the end, it is the image we give to the rest of the world.
