Right to forget

Lawyou — viernes, 26 de febrero de 2021

Today from LAWYOU we present the right to be forgotten, which represents the application to the Internet of the original rights of access, rectification, cancellation and opposition. In addition, the right to be forgotten was definitively consolidated following the Judgment of the Court of Justice of the European Union of 13 May 2014.

What is the Right to be Forgotten?

The right to be forgotten or right to erasure, is that by which citizens may request that their personal data be deleted when these are no longer necessary for the purpose for which they were collected, when consent has been withdrawn or when these have been collected unlawfully. In addition, you may request the blocking of links leading to the information in search engines.

How to exercise the Right to be Forgotten?

According to Spanish law, to exercise the right we will have, first of all, to contact the entity that is processing our data, for example, a search engine.

In the event that the entity does not respond to the request made or we consider that the response is not adequate, we may request the Spanish Data Protection Agency to defend our right against the data controller.

In turn, the Agency may, according to the circumstances of the specific case, uphold our claim or not. In the event that the decision is dismissed and we are not satisfied, we may appeal before the Courts.

What data can I request to be deleted?

This right is closely related to the Internet and especially to search engines. Through this right we can request that search engines (Google, Yahoo, …) remove from their list of results links to information whenever it is not of interest to the public or affects a public figure.

This removal request can be made without having to ask the original source to remove the information. This is because search engines and publishers of information are treated differently. Therefore, if we request the removal of the search link by our name, for example, the information will not be removed and if it is searched by another word or term.

Can I request the right to be forgotten for my company?

Everything indicated above by the experts of LAWYOU, is made in reference to natural persons, in the case of legal persons is reiterated the doctrine of the Constitutional Court in which the right to honor of the same is recognized, understood as reputation and professional prestige.

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