A 2014 EU ruling granted European citizens the right to be forgotten: European citizens have the right to ask search engines, online content providers, or other data controllers to remove sensitive or outdated information from search results about their past.
Recently the EU’s Court of Justice announced that Google must remove search results about European residents if they can prove that the information is inaccurate.
The Case
The case originated from a complaint filed in the top court of Germany by two managers of a group of investment companies. The managers requested Google to remove search results linking them to articles. They also requested Google remove thumbnail images of them. These articles criticized the group’s investment model which they said contained “inaccurate claims”.
Google declined to remove the content, arguing that “it was unaware whether the information contained in those articles was accurate or not”.
Recently, on December 8, 2022, the EU’s Court of Justice (CJEU) announced that Google must remove data from search results if a user can prove that it’s inaccurate: “the operator of a search engine must dereference information found in the referenced content where the person requesting dereferencing proves that such information is manifestly inaccurate”.
The Court pointed out that “the right to protection of personal data is not an absolute right but must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality.”
As regards the display of thumbnail photos, the Court noted that the photos should also be removed from search results: “the display, following a search by name, in the form of thumbnails, of photos of the data subject is such as to constitute a particularly significant interference with that person’s rights to private life and their personal data.”
In this German case, the CJEU announced that proof of the inaccuracy of the results “does not need to result from a judicial decision made against the publisher of the website". An individual seeking removal of online data only needs to provide "evidence that can reasonably be required of him or her to try to find it", according to the ruling of the Court.
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Reactions
Data protection experts say that the result was unsurprising due to earlier case law: “the EU has been taking an increasingly proactive approach in forcing online service providers to take more responsibility for the information they host”. Online service providers need to ensure they manage the content they provide, and need to take into account the requests of the individuals.
Google responded that "since 2014, we've worked hard to implement the right to be forgotten in Europe, and to strike a sensible balance between people’s rights of access to information and privacy". The Google spokesperson also informed that the online information referred to in the case has already been removed.
How to Ask Google to Remove Your Personal Data From Search Results?
As a result of the current CJEU case and the right to be forgotten, Google finally made it easier for you to make sure your personal information doesn’t show up in online search results. The tech giant recently rolled out new options and tools that allow users to quickly and easily request the removal of personal data, like phone numbers, email addresses, physical addresses, thumbnail photos, etc. from search results.
Here is the step-by-step guide on how to ask Google to remove your personal data from search results:
- Start on Google search.
- Select the Menu icon (marked by three dots).
- Select Remove results.
You can also monitor the status of your removal requests in the Google app:
- Start on Google search.
- Select Results about you.
- View your removal requests.
Frequently Asked Questions
What is the right to be forgotten?
A 2014 EU ruling granted European citizens the right to be forgotten: European citizens have the right to ask search engines, online content providers, or other data controllers to remove sensitive or outdated information from search results about their past. Use CookieScript to comply with the GDPR and other privacy laws.
Do I have the right to remove personal information from Google search?
Yes, European citizens have the right to be forgotten, they can ask search engines to remove sensitive or outdated information from search results about them. Recently, on December 8, 2022, the EU’s Court of Justice announced that Google must remove data from search results if a user can prove that it’s inaccurate. Read CookieScript blog to stay updated with the privacy issues.
How to ask Google to remove your personal data from search results?
Start on Google search, select the Menu icon (marked by three dots), and then select “Remove results”. Done. Use CookieScript to comply with the GDPR and other privacy laws.