The right to be forgotten

Abstract

In the Google Spain v AEPD and Mario Costeja González ruling, where the ‘right to be forgotten’ became a reality, it was established that even though the physical server of a company processing data is located outside of Europe, EU rules would still apply to search engine operators if a branch or a subsidiary is present in a Member State which promotes the selling of advertising space offered by the search engine. Since search engines are the controllers of personal data, they are responsible when handling personal data of individuals. As a result, it was established that individuals now are able to exercise the right of asking search engines to remove links containing personal information that is irrelevant or inaccurate. This does not mean that the content would be deleted, since the information would still be visible on the web page, but simply that when one searches for a specific name, the web page where that name is contained doesn’t come up in the search results and thus it makes the gathering of information more difficult. Since the ‘right to be forgotten’ has become established, search engines have had to cater for it and provide users the right to have URLs delisted. The author in this study examines how this right is implemented in practice and the procedure and measures that are in place. Analysis of data which sheds light on how many individuals made use of this right, according to the country they come from and how many of the requests received were accepted or rejected and the reason why this took place is also tackled in this research. As more data emerges, more measures can be adopted which would facilitate the granting of this right and make it successful to more individuals.