The Right to be Forgotten
Understanding the Right to be Forgotten and how it works in the UK and EU
The Right to be Forgotten involves the right to erasure and the right to delisting. It originated in EU law under Article 17 of the General Data Protection Regulation (GDPR), which came into force across all EU member states in 2018. Since Brexit, the UK operates its own equivalent framework under UK GDPR, but the practical effect is the same. Individuals in both the UK and EU can apply to Google and other search engines to have specific URLs delisted from search results for their name. Pavesen manages these applications across both jurisdictions, ensuring your digital record is accurate, proportionate, and private.
While every case is treated as a unique project, the overall approach follows a consistent, evidence-based framework. This structured process makes sure that every detail is accounted for and every argument is supported by a solid foundation of facts.
The criteria for a successful Right to be Forgotten application
The Right to be Forgotten is not absolute. It applies when an individual’s right to privacy outweighs the public interest in the continued availability of information. Success depends on whether the record is outdated or no longer relevant. We assess whether the subject is a private individual and if the information relates to their personal life. Continued indexing must be proportionate to any legitimate public interest to justify its presence.
Public figures such as politicians and senior executives face a higher bar for removal. Their public roles reduce the reasonable expectation of privacy regarding their professional duties. Private individuals and public figures seeking the removal of content unrelated to their roles have a much stronger case. We provide the strategic expertise to navigate these distinctions and secure the delisting of irrelevant digital records.
The types of content most likely to qualify
The categories of content most likely to qualify for delisting include: outdated information no longer relevant to the individual's current situation; historical criminal records for convictions now spent under UK law; personal information originally published without the individual's consent; and content that is factually inaccurate.
Some types of information are generally considered non-dislodgeable due to the weight of public interest. This includes accurate records of how an individual performs their public duties, matters of genuine and ongoing importance to the community, factual details regarding serious criminal convictions, and financial data concerning individuals who hold positions of public trust.
Right to be Forgotten - Explained
What is the Right to be Forgotten?
The Right to be Forgotten is a data protection right under UK GDPR that allows individuals to request that search engines delist specific URLs from results for their name. It does not require the underlying content to be deleted from the web - it only affects whether that content appears in search results for the applicant’s name.
Applications are submitted to search engines directly. Google processes applications individually and makes decisions based on a balancing of the individual’s rights against the public interest in the information’s availability. Decisions can be appealed to the Information Commissioner’s Office (ICO) if the initial request is rejected.
How do I apply for Right to be Forgotten?
Google provides an online form for Right to be Forgotten applications. Applicants must identify the specific URLs they wish to have delisted, explain why they qualify, and provide verification of their identity. Applications should be supported by a clear explanation of why continued indexing is disproportionate.
Pavesen prepares and submits Right to be Forgotten applications on behalf of clients, including assessing eligibility, identifying qualifying content, preparing submissions and managing any appeals. A well-prepared application has a significantly higher success rate than an unprepared one.
What happens if Google rejects my application?
If Google rejects an application, the applicant can appeal to the Information Commissioner’s Office (ICO), which has the authority to direct search engines to comply with valid delisting requests. The ICO has upheld a significant number of appeals against Google’s initial decisions.
If both Google’s internal process and the ICO process are exhausted without success, the alternative is to pursue suppression through content strategy - ensuring that the content in question does not dominate the first page of search results even if it remains indexed.
Common Questions - Answered
Does the Right to be Forgotten remove content from the internet?
No. The Right to be Forgotten removes content from search engine results for queries on your name - it does not delete the underlying content from the website where it is hosted. The content remains accessible to anyone who navigates directly to the URL, but it will no longer appear in Google search results for your name. For most practical purposes this has the same effect as removal, since the vast majority of people find content through search.
How long does a Right to be Forgotten application take?
Google typically processes applications within one to three months. Complex applications, appeals, or those requiring additional information may take longer. Processing time has improved since the right was established, but it remains a multi-month process. Where applications are rejected, appeals and ICO complaints add further time.
What happens if Google rejects the application?
If Google rejects an application, options include: appealing directly to Google with additional information or argument; lodging a complaint with the Information Commissioner’s Office (ICO), which can require Google to de-index content; pursuing legal action; or implementing alternative suppression strategies using content and SEO approaches. The right course depends on the strength of the case and the importance of the content to the client’s overall situation.
Does the Right to be Forgotten apply to Bing and other search engines?
Similar rights apply to other major search engines operating in the UK and EU, though Google is the primary focus given its market dominance. Bing and DuckDuckGo have their own removal processes, and UK GDPR applies to all data controllers processing personal data of UK residents. We manage applications across all relevant search engines as part of a comprehensive strategy.
Does the Right to be Forgotten apply in the EU as well as the UK?
Yes. The Right to be Forgotten originates in EU law under Article 17 of the General Data Protection Regulation (GDPR), which applies across all EU member states. Since Brexit, the UK operates its own equivalent framework under UK GDPR, but the practical effect is the same in both jurisdictions. Whether you are based in the UK, Germany, France, the Netherlands, or elsewhere in Europe, you have the right to request that search engines delist specific URLs associated with your name. Pavesen manages applications under both UK GDPR and EU GDPR, and works with clients across the UK and continental Europe.
Client Experience
All engagements are anonymised to preserve client confidentiality.
An article from a business dispute resolved a decade ago was still the top result for my name. Pavesen prepared and submitted a Right to be Forgotten application. The article was de-indexed within six weeks.”
There were seven separate URLs I needed removed. Pavesen assessed each one, identified which qualified for Right to be Forgotten, and submitted coordinated applications. Five were approved.”
I had previously tried to submit a Right to be Forgotten application myself and been rejected. Pavesen reframed the application with the correct legal and factual basis and it was approved.”
Our process
Every engagement is bespoke, but the process follows a proven structure that ensures nothing is missed and every action is grounded in evidence.
Every URL is rigorously evaluated against the standards set by the ICO and established case law to determine if the information is inaccurate, inadequate, or has simply become irrelevant over time. By filtering for the content most likely to meet these legal benchmarks, the strongest possible case is built for every individual link.
We prepare detailed, legally grounded applications to Google and Bing, with full supporting documentation. Applications are submitted through the correct channels and tracked through the review process.
If an application is turned down, the specific reasons for the rejection are analysed to determine if an appeal is the right next step. Where search engines refuse to delist content we believe qualifies, we escalate to the ICO, providing full documentation of the application and refusal
Some content should not define you for the rest of your career.
UK GDPR gives you the right to request the erasure of certain content from Google and other search engines. Our team prepares and submits these applications to ensure your digital profile accurately reflects your current professional standing.