Have you ever Googled your name and found old news, embarrassing photos, or outdated information you wish would disappear? You’re not alone. As our digital footprints grow, so do concerns about online privacy, leading to a vital debate: do individuals have a “right to be forgotten”?
This right, now recognized in several parts of the world, lets people request the removal of certain personal information from the internet. But the rules vary drastically between regions like the European Union (EU), United Kingdom (UK), and the United States (US). Let’s break down what the right to be forgotten really means, how it’s enforced across borders, and what it might mean for you.
What Is the Right to Be Forgotten?
The “Right to Be Forgotten” is a concept in data privacy doctrine that allows individuals to ask search engines or websites to remove personal information about them. The aim is to give people control over their digital history, especially when it’s outdated, irrelevant, or even damaging.
This right has gained momentum as our lives become increasingly digital. Old forum posts, news reports, or even rumors can stay online forever. With this right, people hope to move on from their past without old information trailing them forever.
The Right to Be Forgotten in the European Union
Origin and Legal Basis
The right to be forgotten was cemented into EU law in 2014, thanks to a landmark ruling by the Court of Justice of the European Union (CJEU) involving Google Spain. A Spanish citizen asked Google to remove old auction information about his repossessed home, claiming it was no longer relevant. The court ruled in his favor, stating that EU citizens could request search engines to delist certain results connected to their names if the information was “inadequate, irrelevant or excessive”.
This principle became law under the General Data Protection Regulation (GDPR) in 2018. Article 17 of the GDPR specifically grants individuals the right to have their personal data erased in certain circumstances.
How It Works
In the EU, individuals can request the erasure of personal information if:
- The data is no longer necessary.
- The subject withdraws consent.
- The information was processed unlawfully.
- The data must be erased for legal compliance.
However, the right is not absolute. There are clear exceptions—such as public interest, freedom of expression, and legal obligations. Each request is balanced, weighing the individual’s privacy against society’s right to know.
EU Procedure for Making a Request
To exercise your right in the EU:
- Identify the information in question.
- Submit a request to the search engine or website.
- The organization reviews and decides if the information is eligible for removal.
- If denied, you can appeal to a data protection authority.
Right to be forgotten requests in the EU are most commonly submitted to search engines like Google, but can also be made to social media platforms or other data controllers.
The Right to Be Forgotten in the United Kingdom
Post-Brexit Data Rules
The UK, previously bound by EU law, adopted the GDPR principles into its own national legislation after Brexit—the Data Protection Act 2018. The right to be forgotten (known as the “right to erasure” under the UK GDPR) is nearly identical to that in the EU.
UK citizens can request data controllers—like websites or search engines—to delete personal data in specific scenarios: withdrawal of consent, unlawful data handling, or data that has outlived its purpose.
UK Specifics and Limitations
While the process echoes the EU, UK courts may approach balancing privacy and freedom of expression slightly differently, especially regarding public figures or issues of media interest. Transparency reports by companies like Google show a high volume of requests; however, not all are granted, especially if the information is newsworthy or in the public interest.
The Right to Be Forgotten in the United States
A Different Approach to Data Privacy
In contrast to the EU and UK, the United States does not have a comprehensive federal right to be forgotten law. The US approach relies heavily on the First Amendment—prioritizing free speech and the public’s right to know over individuals’ desires to erase information.
State-Level Legislation
A handful of states, like California, have privacy laws that echo some aspects of the right to be forgotten, particularly for minors. The California Consumer Privacy Act (CCPA) grants residents the right to request deletion of personal information with businesses, but this does not extend to search engines or news outlets.
Other states, such as Virginia and Colorado, have followed California’s example, though none offer as extensive protection as the GDPR.
Key Differences in Application
- There’s no blanket right to request data removal from search engines in the US.
- Individuals can often have data deleted from company databases, but not from media archives or search indexes.
- News stories, court records, and public information are especially protected by free speech laws.
Comparing the US, EU, and UK Approaches
| Feature/Region | EU/GDPR | UK/UK GDPR | US |
|---|---|---|---|
| Scope | Broad, covers most data controllers | Broad, similar to EU | Limited, mainly applies to businesses |
| Right to Remove Search Results | Yes | Yes | No |
| Exceptions | Public interest, journalism, law | Public interest, journalism, law | Free speech, public records |
| Appeals | Data protection authority | Information Commissioner’s Office | Limited, depends on company policy |
| Applies to Search Engines | Yes | Yes | No |
Challenges and Criticisms of the Right to Be Forgotten
While the right to be forgotten champions privacy, it is not without controversy.
- Freedom of Expression: Critics argue it risks censorship, as removing links might restrict legitimate access to information, especially about public figures or public interest matters.
- Global Enforcement Issues: Search engines may be required by EU courts to delist results on EU domains, but results may still appear outside those jurisdictions. Google, for example, usually delists links only from European versions of its search engine.
- Subjectivity: Deciding what is “irrelevant” or “inadequate” can be highly subjective and legally complex.
- Practical Limitations: Even delisted information might be available elsewhere, or rediscovered on different platforms or in cached archives.
Who Benefits from the Right to Be Forgotten?
This right often helps:
- Individuals with outdated or irrelevant information online (e.g., old social media posts, bankruptcies, minor criminal records that are spent).
- Victims of cyberbullying or revenge porn.
- Professionals who wish to remove old, embarrassing, or misleading details now impacting their careers.
But it rarely helps when:
- The information is of public interest or about criminal convictions.
- It’s contained within newsworthy articles or lawful government records.
How Search Engines and Companies Handle Requests
Search engines like Google and Bing have established forms for submitting right to be forgotten requests. These platforms claim to assess every request on a case-by-case basis, balancing personal privacy against public interest.
On average, less than half of all requests result in actual de-indexing. Platforms typically prioritize requests that relate to personal privacy concerns over matters connected to public interest or journalism.
If denied, individuals in the EU or UK can appeal to regulatory authorities, like the Information Commissioner’s Office (ICO) in the UK.
The Right to Be Forgotten in the Age of Social Media
With billions active on social platforms, the power to manage personal information is more important than ever. Many social platforms now let you delete or restrict visibility of your content. But only true legal rights, like those under the GDPR, compel platforms to erase data outright and ensure it does not show up in search results.
Still, nothing erases the need to consider what we post. Even with protective laws, once information is widely shared or screenshot, it can be tough to control.
Future Trends: Where Is the Right to Be Forgotten Headed?
Data privacy is becoming a defining topic of our era. As technology evolves and concerns deepen, we may see the US consider stronger privacy laws, though they are unlikely to match Europe’s balanced, privacy-first approach given strong constitutional protections.
Internationally, the right to be forgotten may shape cross-border conversations on online privacy, content moderation, and the responsibilities of global tech giants.
Conclusion
The right to be forgotten is more than legal jargon—it’s a powerful tool for reclaiming your digital identity. The EU and UK lead the way with robust laws, allowing citizens to erase certain online traces. The US, focusing on freedom of expression, provides only a patchwork of limited deletion rights.
Knowing your rights helps you make smarter choices online and take steps to protect your privacy. In an era where your past can follow you online, understanding how the right to be forgotten works—and its limits—matters more than ever.
Call-to-Action
Ready to take control of your digital footprint? Start by searching your name, reviewing your online presence, and exploring your rights in your region. Share this article with friends—because everyone deserves a second chance online.
: Court of Justice of the European Union (CJEU) Google Spain ruling
: General Data Protection Regulation (GDPR) guidelines
: UK Data Protection Act and ICO (Information Commissioner’s Office) resources
: US Federal Trade Commission and CCPA documentation
