Right to Be Forgotten: Removing Old Content from Google in the UK

The "right to be forgotten" — more properly known as the right to erasure — allows individuals to request the removal of outdated, irrelevant, or harmful personal data from search engine results. Under UK GDPR, this right provides a powerful tool for managing your online reputation, particularly where old or inaccurate content continues to cause harm.

Legal Basis: UK GDPR and the Data Protection Act 2018

The right to erasure is established by Article 17 of the UK GDPR (the UK's post-Brexit version of the EU General Data Protection Regulation) and the Data Protection Act 2018. It allows individuals to request the deletion of personal data where:

• The data is no longer necessary for the purpose it was collected
• The individual withdraws consent and there is no other legal basis for processing
• The individual objects to processing and there are no overriding legitimate grounds
• The data has been unlawfully processed
• The data must be erased to comply with a legal obligation

Search Engine Delisting

The most practical application of the right to be forgotten is requesting search engines — primarily Google — to delist specific URLs from results that appear when someone searches for your name. Key points:

• Delisting removes the link from search results associated with your name, but does not delete the underlying content from the source website
• Google processes thousands of delisting requests each month and has a dedicated form for submissions
• Each request is assessed individually, balancing the individual's privacy rights against the public interest in access to information

Google will consider factors including the nature of the content, whether it relates to your professional or public life, whether it is outdated or inaccurate, and whether there is a public interest in its continued availability.

When Will Google Delist?

Google is more likely to delist content that is:

• Outdated: Old news articles or records that no longer reflect your current circumstances
• Irrelevant: Content that has no ongoing public interest
• Inaccurate: Factually incorrect information or false statements
• Excessive: Disproportionate to the original event (e.g., extensive coverage of a minor incident)
• Causing ongoing harm: Content that continues to damage your reputation, employment prospects, or wellbeing
• About a private individual: As opposed to a public figure or someone in a position of public responsibility

Google is less likely to delist content that:

• Relates to a public figure or person in authority
• Concerns ongoing criminal proceedings or recent convictions
• Is journalistic content of genuine ongoing public interest
• Relates to professional conduct relevant to consumers

The Delisting Process

1. Submit a request: Use Google's online form, providing the specific URLs you want delisted, the search queries they appear for, and your reasons
2. Google's assessment: Google reviews the request and may ask for additional information. Response times vary from a few weeks to several months
3. Decision: Google will either delist the URL, refuse the request, or partially comply (e.g., delisting for name searches but not other queries)
4. Appeal: If Google refuses, you can complain to the Information Commissioner's Office (ICO) or apply to the courts

Beyond Google: Other Search Engines and Platforms

Similar delisting requests can be made to other search engines (Bing, Yahoo, DuckDuckGo). Each has its own process but applies broadly similar principles.

For removing the underlying content from the source website, different approaches apply:

• Direct request to the website: Many websites will remove or update content upon request, particularly if it is inaccurate
• Legal action: If the content is defamatory, a cease and desist letter or court order may be necessary
• ICO complaint: For data protection violations, the ICO can order data controllers to erase personal data

Limitations

The right to be forgotten is not absolute. It must be balanced against other rights, including freedom of expression and the public's right to access information. Courts will not order erasure where the public interest in the information outweighs the individual's privacy.

Additionally, delisting only affects search results — the content remains accessible if someone knows the direct URL or finds it through other means. For comprehensive content removal, a combined legal strategy addressing both source content and search visibility is often necessary.

Professional Assistance

Complex delisting requests — particularly those involving defamatory content, multiple sources, or sensitive personal data — benefit from professional legal assistance. Our reputation management team handles delisting requests and content removal as part of a comprehensive strategy.

Contact us for a free case evaluation to discuss your options.