Following the implementation of the Right to be Forgotten, we would like to review the key points of this measure. Using the flowchart below, you can check if you are eligible to request having results de-indexed, and review the steps necessary to submit your request and learn the remedies available if your request is denied.
Right to be Forgotten but not the right to mistakes
Be sure to carefully compose the wording of your request. You have the Right to be Forgotten but not the right to make a mistake. Only one request per URL will be accepted, if you make a mistake, you can’t re-submit it (in all cases with Google). Carefully compose your justification text that will be read by the search engines’ legal teams. To make this step easier, Forget.me provides you with wording templates, created by lawyers, for many common cases. You can submit several requests only when these involve different URLs.
The fine line between a public figure and a private person
If you are a public figure, you are not entitled to request to be Forgotten; yet the line between public figure and a private person is still unclear. If you are a movie star, you would obviously be considered as a public figure. On the other hand, if you are the mayor of a small community or the manager of a SME, the answer isn’t always as clear. This will probably be cleared up over the next few months, after the research engines have processed numerous cases, as well as the work being done by G29 and case law or laws to come.
Two Right to be Forgotten forms are available: Google and Bing
At the current time, only Google and Bing have implemented a form with which you can submit requests for the Right to be Forgotten. However, it is likely that other search engines like Yahoo, for example, plan to eventually provide their own form. Forget.me will help you save time by simultaneously submitting your request to Google and Bing.
The right to be forgotten form: Your first level of appeal
Using a search engine’s request form is only the first level of appeal. If your requests are denied, you can also contact the CNIL or take legal action in your country.
The Right to be Forgotten has materialized today with a practical, easy to use process that allows all of us to benefit from the Right to be Forgotten. Knowing that 75%1 of Europeans want to be able to exercise their Right to be Forgotten, it could well become a common occurrence.
1 Eurobarometer survey on citizens’ attitudes towards personal information protection and electronic identity, published today by the European Commission (http://europa.eu/rapid/press-release_IP-11-742_fr.htm?locale=en )