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Internet / Media Law


The Right To Be Forgotten

You have most likely heard numerous references and stories in the press in respect of the Right to be Forgotten, and unless you find yourself the victim of unwanted material online then it probably does not mean much to you. However, if you do find yourself victim to such material then the Right to be Forgotten could be your saving grace and if deployed correctly, could be the solution to the long standing issues that have caused you untold concern, stress and worry.

In essence, the Right to be Forgotten derives from a Spanish case concerning Mr Mario Costeja Gonzalez, who took issue with a search result that was returned by Google when his name was searched. The offending result was an advert for a home of his that had been re-possessed. It represented a time when Mr Gonzalez had serious financial concerns and by it being returned by Google cast negative aspersions on his current financial position, which was markedly improved.

In determining the case, the Spanish Court decided that any material which is deemed irrelevant, excessive or outdated has no place being readily available to members of the public. The Court deemed that Mr Gonzalez’s old repossessed home notice was excessive, outdated and irrelevant and therefore ordered Google to remove it.

This was not material that was defamatory, harassing or even untrue. The Court found that it was merely irrelevant, excessive and outdated. Three words for the legal test – irrelevant, excessive and outdated.

In real life this means that if you have old material that is no longer relevant, but that may not be defamatory, harassing or offensive it can still be removed. However, you have to know how to apply to Google and how to deploy the correct Right to be Forgotten application. At the moment Google just have a form, which goes into a queue and gets looked at as when Google get through their other thousands of application.

As specialists with an historical and on-going relationship with Google, we at Pinder Reaux are able to bespoke each removal application and most importantly ensure that any application made is the correct one that will result in a positive conclusion. Google often come back with further questions and sometimes even rebuff an initial removal application. However, with us on your behalf, being able to properly draft your application and immediately deal with any further information, queries or rebuttals Google may have, we will make sure that you are in the best possible position to have the negative material finally removed from Google.

Google do not entertain numerous repeated requests and so you HAVE TO get it right first time, and we at Pinder Reaux can help you do that.  Call us immediately on 0208-252-7373 to discuss your requirements with our specialist team.

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