Google has revealed a new process for take down requests in relation to the recent controversial “right to be forgotten” ruling
by the Court of Justice of the European Union. The ruling says that
Google and other search engines must take requests from people for
search results to be deleted. The search engines will consider them on a
case-by-case basis, so there’s nothing automatic here, but if Google or
another search engine declines to comply with a request, the person
doing the requesting should be able to take them to court, where a judge
will decide what action is to be taken.
Google has a new request form up here. The company will reportedly
only remove results from EU versions of its search engine, and when it
does so, it will disclose right in the search results that it has. In
other words, people doing the searching will still see that you had
Google remove results about yourself.
You’re required to select the country whose law applies to your
request. These countries include: Austria, Belgium, Bulgaria, Croatia,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United
Kingdom. A few of these are outside of the EU.
Above the request form, Google offers the following statement:
A recent ruling by the Court of Justice of the European Union
found that certain users can ask search engines to remove results for
queries that include their name where those results are “inadequate,
irrelevant or no longer relevant, or excessive in relation to the
purposes for which they were processed.”
In implementing this decision, we will assess each individual request
and attempt to balance the privacy rights of the individual with the
public’s right to know and distribute information. When evaluating your
request, we will look at whether the results include outdated
information about you, as well as whether there’s a public interest in
the information—for example, information about financial scams,
professional malpractice, criminal convictions, or public conduct of
government officials.
If you have a removal request, please fill out the form
below. Please note that this form is an initial effort. We look forward
to working closely with data protection authorities and others over the
coming months as we refine our approach.
The company notes that it is still working on finalizing its implementation of the removal process.
Requesting a removal requires a copy of a valid form of photo ID.
This, according to Google, is to prevent fraudulent removal request from
people impersonating others, trying to harm competitors, or improperly
seeking to suppress legal information. You shouldn’t have to worry about
a new way for competitors to launch negative SEO attacks against you.
It lists spouses and attorneys as examples of people who can fill out
the form other than the person who is the subject of the request.
You’re then asked to provide the URL for each link appearing in a Google
search for your name that you want removed, as well as an explanation
(if not clear) why the linked page is about you, and an explanation
about how the URL in search results is “irrelevant, outdated, or
otherwise inappropriate.”
Upon completing a request, Google sends an email that says, “We have
received your legal request. We are currently building our system for
removing links from our search results according to EU data protection
law. In the meantime, your message is in our queue. Once we have our
system up and running, we’ll process your request as quickly as our
workload permits.”
Danny Sullivan reports,
“A trusted source familiar with Google’s plans tells Search Engine Land
that in the near future, those requests be reviewed by people who are
part of Google’s removal team. The timeframe isn’t set. Removals could
happen in a matter of days, though they might not start for weeks.”
He reports that when requests are rejected, individuals will be
notified and told they can appeal to their country’s data protection
agency.
Google is not happy about having to do all of this. After the ruling,
a spokesperson called it “disappointing…for search engines and online
publishers in general.”
The ruling opens the doors for people who shouldn’t have search
results removed to try and have them removed. While Google can reject a
request, who knows how many court battles this will lead to? As soon as
the ruling came out, Google got requests from a convicted pedophile, a
doctor with a negative review, and a politician how had allegedly
engaged in some questionable behavior while in office, among thousands
of others.
Even before Google released this new request process, just since the ruling,
31 percent of its requests have were related to fraud and scams, 20
percent related to arrests or convictions for violent or otherwise
serious crimes, 12 percent were related to child pornography arrests, 5%
were from government and police, 2 percent from celebrities, and 30%
“other”.
These people will apparently have to make their requests again using the new process.
Comedian John Oliver had a pretty good take on the ruling after it was made (I encourage you to watch the whole clip
from his new HBO show). He said, “Okay, a failsafe question to ask
yourself when drafting a law is, ‘Might child pornographers like this?’
If so, maybe take another pass at it.”
Google considers takedowns to be a form of censorship, and is
unlikely to comply with any requests that don’t really have a legitimate
reason behind them. It’s going to have to be more than “I don’t like
this.” Google will get many, many requests, and it will no doubt be
quite burdensome for the company. Furthermore, the ruling could set a
precedent to be followed by other parts of the world in time, which
could make things all the more complicated.
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