Google has now confirmed that 61% of the right to be forgotten applications made on behalf of those who live in the UK are being rejected.
It means three out of five right to be forgotten are being turned down for whatever reason. It is not clear whether this is completely the result of the quality of the right to be forgotten submission or the lack of training and/or willingness to co-operate by Google content moderators.
There are, however, numerous common denominators for the majority of the right to be forgotten rejected applications.
|Right to be forgotten|
These include Citing ‘defamation' as a cause, citing 'historical information' or citing 'unlawful use of an image, all without backing these causes up with strong data protection reasons.
The most important law to mention in the application is the UK Data Protection
Act 1998, which is derived from European law. Under section 1 the
processing of the data must be “necessary”, it must be “relevant” and
“proportionate” and it must “not be excessive”. If the webpage about you
contains information which is untrue or defamatory, then you may state
in your application that the data is “irrelevant” to you under the Data
Protection Act because it is false and therefore is wrongly attributed
Visit the Internet Law Centre to read the full article and to learn how to make a successful
application under a right to be forgotten
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