You filled in Google's form, waited a few weeks and received a polite email that basically says no: the result stays. It is a very common situation and, frustrating as it is, it does not close the door. The law allows you to ask the Spanish Data Protection Agency (Agencia Española de Protección de Datos, or AEPD) to review the case, and many refusals happen because the original request was badly put together.
Read Google's reply carefully
Before complaining, make sure you understand why the answer was no. Google usually justifies a refusal with one of these arguments:
- Public interest: it considers the information still relevant, for example because of your professional activity or position.
- Recent information: it believes not enough time has passed since the events.
- Professional life: it takes the view that the article concerns your work rather than your private life.
- Missing information: it could not confirm that it is you, or you did not explain why the result harms you.
If the refusal is due to missing information, it is sometimes enough to submit a better-explained request. If it is about public interest, the right path is usually the AEPD.
What the law says
The right to be forgotten in search engines rests on the judgment of the Court of Justice of the European Union in case C-131/12 of 13 May 2014, on the right to erasure in Article 17 of the GDPR and on the right to object in Article 21. In Spain, Article 93 of the data protection act (LOPDGDD) sets it out expressly for search engines.
The key point is that this is not about deleting the article from the original website, but about Google no longer showing it when someone searches for your name. The decision involves weighing your right to data protection against the public's interest in accessing that information.
Deadlines you should know
As the data controller, Google has one month to reply under Article 12(3) of the GDPR. That period can be extended by two further months if the request is complex, but Google must tell you about the extension. If it does not reply in time, you can also go to the AEPD, just as you can if it says no.
How to prepare the complaint to the AEPD
Complaints are filed through the AEPD's online office (sede electrónica), which requires a Spanish digital certificate, an electronic DNI or the Cl@ve system. Many foreign residents and people living abroad do not have any of these: in that case the complaint can be submitted on paper through an official registry or by a representative. If you live in another EU country, you can also complain to your own national data protection authority, which will cooperate with the Spanish one.
These are the steps:
- Gather the request you sent to Google and the reply you received, with dates. The AEPD requires you to have exercised your right with the data controller first.
- Identify the exact URLs you want removed from the results and the search that brings them up (usually your full name).
- Take screenshots of the results with the date visible, so there is a record of what is shown and how.
- Explain your case with facts: how much time has passed, whether the case was dropped or ended in acquittal, whether the information is inaccurate or out of date, whether you have no public profile and what specific harm it causes you.
- Answer Google's arguments one by one. If it says there is public interest, explain why there no longer is.
- Attach documents that prove it: a court order closing the case, a judgment of acquittal, a criminal record certificate, proof that you left a post.
Tip
Write the complaint with the reader in mind: someone who does not know your case and has a large caseload, and who will read it in Spanish. An orderly account, with dates and documents, is far more persuasive than a long, emotional text.
What happens next
The AEPD may forward your complaint to Google for its response, weigh your arguments against Google's and issue a decision. If it rules in your favour, it will order Google to remove the results. If it rejects your complaint, the decision can be appealed before the Spanish administrative courts, although it is worth checking with a lawyer first whether that makes sense.
Bear in mind that the AEPD is not a rubber stamp: it looks at each case individually, and its view of what counts as public interest may not match yours. That is why it is so important for the complaint to be well argued from the outset.
Mistakes to avoid
- Complaining without having first asked Google to remove the result.
- Asking for the whole article to be removed instead of the specific URLs in the results for your name.
- Not providing documents showing that the situation has changed.
- Mixing results with very different circumstances in the same complaint without explaining each one.
If you would like us to review it with you
If Google has said no and you are not sure whether it is worth pressing on, we can analyse your case for free and tell you honestly what options you have before the AEPD. The final decision always rests with the search engine or the Agency. We prepare the complaint in Spanish and keep you informed in English. You will find everything in our right to be forgotten service and in our complete guide to the right to be forgotten.
