The right to forget on the Internet

In this article, we are working to define the right to be forgotten on the Internet, who can exercise it, and how we can do it.

Since the arrival of the Internet in our lives, it has been possible to access specific personal data by searching for people’s names.

If you search for your name or that of a friend or relative in an Internet search engine, you may find results you did not know.

The protection of individuals regarding processing their data has been reinforcing for quite some time since it is considered a fundamental right.

The right to be elapsed on the Internet is another tool for interested parties to achieve this protection.

Concept

A judgment of the Court of Justice of the European Union in 2014 establishes that the data processing carried out by search engines is subject to EU data protection regulations.

Individuals have the right to request, under certain conditions, that links to their data not appear in the results of an Internet search for their name.

Who can exercise it

We all, as holders of personal data, have the right to exercise the right to be forgotten as long as certain conditions seen.

The owner of personal data has the right to delete, block or delete personal information that is considered obsolete or irrelevant due to the passage of time or that in any way affects the free development of any of their fundamental rights.

It is about preventing or limiting the universal and indiscriminate dissemination of personal information over the Internet when its publication does not meet the requirements of adequacy and relevance in data protection regulations.

When the information is considered obsolete or no longer relevant or of public interest, we may exercise the right, even if the original publication is legitimate (for example, the case of publications in an Official Gazette).

How do exercise the right to be forgotten?

Data protection regulations establish that to exercise it, it is essential that the interested party first address the entity that is processing their data, in this case, the search engine.

The most popular search engines already offer a form so their European users can easily exercise the right to be forgotten.

We can also exercise the right to be forgotten by them and get the information they store deleted.

We can permanently delete our user account, and if we want to keep the images, videos, etc., that we have been publishing, we can first download all the information from our profile.

When the owner of the personal data has died, some related persons may exercise the right to rectify or delete the personal data of the deceased person.

Likewise, they may request the total elimination of the account they had on social networks on behalf of the deceased.

These are the basic notions about the right to be forgotten on the Internet and how we can exercise it.

However, even if we are positive in our claim against a search engine, that does not mean that the information will disappear from the Internet.

It only affects the results obtained in searches made using the person’s name and does not imply that the page should be remove from the search engine’s indexes or the source.