You search for your name on Google and find a news story from ten years ago, a fine you paid long ago or your details in a Spanish official gazette. It is not untrue, but it no longer reflects who you are. That is exactly what the right to be forgotten is for, and it was born in Spain.
What it actually is
It is the right to ask a search engine to stop showing, in searches for your name, links to information about you that is inadequate, inaccurate, irrelevant or excessive, taking into account how much time has passed and the role you play in public life.
It was recognised by the Court of Justice of the European Union in May 2014, in the Google Spain ruling, which started with a complaint by a Spanish citizen about an old newspaper notice of a property auction. Today it is set out in Article 17 of the General Data Protection Regulation (GDPR) and, for search engines specifically, in Article 93 of Spain's data protection act (Ley Orgánica de Protección de Datos y Garantía de los Derechos Digitales, usually shortened to LOPDGDD).
Does it matter that I am not Spanish?
No. The right protects people, not passports. If a Spanish newspaper, blog or official gazette published information about you and it appears when your name is searched in Europe, you can rely on it in the same way as a Spanish resident.
What it does not do
It does not delete the original page. The article will still be on the newspaper's website, but it will no longer come up on Google when someone searches for your name. Removing it from the publication itself requires a separate request to the publisher.
It is also worth knowing that delisting normally applies to searches made from within the European Union, not worldwide. If the people who look you up are mostly in the UK, the US or elsewhere, tell us and we will look at what can be done in each case.
When it is usually granted
- Court proceedings that were dropped or ended in acquittal.
- Old information that no longer serves any purpose: debts that have been paid, penalties that have been served, disputes that were settled.
- Personal data published without any need (home address, phone number, Spanish ID numbers such as the DNI or the NIE that foreign residents are given).
- False or inaccurate information.
It is harder if you are a public figure and the information relates to that role, or if it is recent and of general interest.
How to ask Google, step by step
- Find Google's personal information removal form for the EU ("EU Privacy Removal").
- Enter the country, your name exactly as people search for it and the exact URLs you want removed from the results.
- Explain, for each URL, why it meets the criteria. This is the part that decides the outcome. "It harms me" is not enough: you need to argue how old it is, why there is no public interest in it or why it is inaccurate, and attach documents where you have them (for example, a court order closing the case, which in Spain is called an auto de archivo).
- Attach a document proving your identity (you can cover any details that are not needed).
- Send it and keep the confirmation email.
Do the same on Bing, which has its own form. If you would rather not take the risk, we can prepare it for you with the arguments and documents that work best.
Timescales
The GDPR gives the search engine one month to reply, which can be extended by two further months in complex cases. In practice, many replies arrive within two to four weeks.
If Google refuses
It is not the end of the road. You can file a free complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, or AEPD), the Spanish equivalent of the UK's Information Commissioner's Office. The AEPD reviews the case and, if it agrees with you, orders Google to remove the link. This route takes longer (several months), and well-argued requests have a reasonable chance of succeeding. We explain how in our guide on what to do when Google refuses.
Tip
Take dated screenshots of the results before you start. They will be useful for the complaint and for checking afterwards that the link has gone.
If you would like us to handle it, we review your case for free and tell you which links have a realistic chance before we start. We work in English, remotely, and deal with Google and the Spanish authorities in Spanish on your behalf.
