I want to be forgotten…
The issue of personal data erasure was triggered by the ECJ judgment C-131/12, known as ‘Google Spain
’, between Google Inc. and Mario Costeja González in May 2014. In that ruling, the Court of Justice of the European Union confirmed the ‘right to be forgotten’, which fundamentally affected the position of search engines.
In principle, the issue was that a search engine, in the course of its activities, becomes a processor of personal data. The operator of an internet search engine is therefore responsible for the processing of personal data, even if the information appeared on websites published by third parties. Consequently, the search engine must take into account requests from individuals to remove links
to freely accessible websites that appear when their name is searched for.
What does this mean in practice?
Any individual may submit a request to a search engine operator to have their data deleted. Interestingly, on 31 May 2014, the first day of the service, Google received more than 12,000 requests from people to remove links about them from search results.
And the situation in the Czech Republic?
According to information provided by Mária Staňková (Seznam’s lawyer) at the Internet Advertising Conference 2015, Seznam.cz, a.s. is currently dealing with up to a hundred requests
for deletion. Most of these concern negative entries relating to the problematic history of businesses or individuals, or the resolution of personal disputes.
Key conditions for deletion
Search engines must now assess each received request for data deletion on a case-by-case basis. What key aspects must they consider?
- Outdated data: If the information is up to date, the search engine will not delete it.
- Public interest: If the public interest in the disclosure of the information outweighs other considerations, the search engine will not delete it.
- Identity of the applicant: The identity of the applicant for deletion must be reliably verified to ensure they are indeed the data subject.
How do I submit a request for deletion?
If the search is on Google, you can use the form directly: Request to be removed from search results under European data protection regulations. Tip: Google also provides various statistics on the number and processing of requests, which can be found in the Google Transparency Report.
Seznam.cz
The Czech Seznam.cz does not yet provide such sophisticated tools. The only option is to submit a written request, which must be sent to the address of Seznam.cz, a.s. Unfortunately, Seznam does not specify anywhere what the request must contain, which is not a user-friendly solution.
What if the search engines do not comply with the requests? In such a case, the only option is to contact the ÚOOÚ or take legal action.
Sources: Wikipedia: Google Spain v AEPD and Mario Costeja González, Mária Staňková, lawyer at Seznam.cz, a.s.