GDRP - Google request for removal - Rep Mngmt

Hi,

Has anyone here tried to successfully use GDPR for requesting removal of certain results from Google?

I have a rep management Client who had a legal case against him a while back and has a few negatives when searching for his name from a known news site and police site. Tried submitting a request to remove those from the search results and got a response saying:

"Having assessed the balance of relevant rights and interests relating to the content in question, including factors such as the apparent relevancy of the content, Google LLC has decided not to block this content

At this time, Google has decided not to take action on these URLs.

You may wish to send your request for removal directly to the webmaster, who controls the site in question. The webmaster has the ability to remove the content in question from the web, or block it from appearing in search engines."

I know that GDPR is still a large grey area so I know that trying this was a long shot...but curious to hear if anyone succeeded.

I am going to see if I can get a lawyer to approach them instead to see if that will get them to move on it.
Wil update if that works.

Removing from google is useless. Sinds if its not released from the origin website. Its just gonna come back eventually.

Google doesn't blacklist that type of content. and it will just show up again when the bot crawls over it.

Your best bet is indeed to get to the webmasters.

Request Mods move to ORM section.

Also where is your client based and which country does the result show up?

froger said:

​

Click to expand...

Just beat me to it

Asif WILSON Khan said:

Request Mods move to ORM section.

Also where is your client based and which country does the result show up?

Click to expand...

Client is based in the EU. Results are UK origin.

Defeatenonce said:

Removing from google is useless. Sinds if its not released from the origin website. Its just gonna come back eventually.

Google doesn't blacklist that type of content. and it will just show up again when the bot crawls over it.

Your best bet is indeed to get to the webmasters.

Click to expand...

Thanks for the comment. I would imagine that under GDPR this would be their responsibility to ensure this info does not come back provided its a valid request from the legal perspective. Going to webmasters will be another interesting story as I would have to approach a police site to remove the page Not sure if I want to test this. Right now we are doing the usual pushing down of the negatives.

I also have another Client, similar story with a court case (negatives are news articles though + world check) and this one actually has a certificate from the authorities clearing him of any wrongdoing (unlike the first Client). So will also be trying GDPR approach as well as direct since I have a bit more leverage here.

BuzzC said:

I know that GDPR is still a large grey area so I know that trying this was a long shot...but curious to hear if anyone succeeded.

Click to expand...

Although the enforcement of GDPR has only recently come into effect, many of the principles were applied under previous data protection legislation.

The UK has a fairly good history when it comes to data protection law and there have been a number of high profile cases brought before the courts in the last few years. The most relevant one for your case will be - https://www.judiciary.uk/wp-content/uploads/2018/04/nt1-Nnt2-v-google-2018-Eewhc-799-QB.pdf There is also a CEJU ruling that forms the basis of the judgement above - https://en.wikipedia.org/wiki/Google_Spain_v_AEPD_and_Mario_Costeja_Gonz%C3%A1lez

When was your client convicted? This will be key in determining whether the data is out of date and irrelevant.

You could make a complaint to the supervisory data protection body in the country where you client is resident. This is a free process (litigation is inherently expensive) and it's possible Google could be ordered to remove the data in question.

Sephrata said:

Although the enforcement of GDPR has only recently come into effect, many of the principles were applied under previous data protection legislation.

The UK has a fairly good history when it comes to data protection law and there have been a number of high profile cases brought before the courts in the last few years. The most relevant one for your case will be - https://www.judiciary.uk/wp-content/uploads/2018/04/nt1-Nnt2-v-google-2018-Eewhc-799-QB.pdf There is also a CEJU ruling that forms the basis of the judgement above - https://en.wikipedia.org/wiki/Google_Spain_v_AEPD_and_Mario_Costeja_González

When was your client convicted? This will be key in determining whether the data is out of date and irrelevant.

You could make a complaint to the supervisory data protection body in the country where you client is resident. This is a free process (litigation is inherently expensive) and it's possible Google could be ordered to remove the data in question.

Click to expand...

Thanks for the info and apologies for the late reply. Client A - 2017 convicted. Client B - 2014 but cleared of all charges. I will check out your suggestion on domestic data protection body and update here if any success. Presume getting this done for Client A will not be easy given the conviction status...

Client B has a fairly good chance I would say. Client A is going to be tricky.

I would definitely use the free route of complaining to the data protection body in which your clients are resident. However, just to forewarn you, it will take time because of the number of complaints post-implementation of the enforcement of GDPR.

If you go down the legal route, then you can be pretty certain Google will fight you all the way. The first case I linked to above, Google's legal costs ran into the hundreds of thousand pounds. There was another case in the UK where Google's legal costs were around £1mil.

Sephrata said:

Client B has a fairly good chance I would say. Client A is going to be tricky.

I would definitely use the free route of complaining to the data protection body in which your clients are resident. However, just to forewarn you, it will take time because of the number of complaints post-implementation of the enforcement of GDPR.

If you go down the legal route, then you can be pretty certain Google will fight you all the way. The first case I linked to above, Google's legal costs ran into the hundreds of thousand pounds. There was another case in the UK where Google's legal costs were around £1mil.

Click to expand...

Haha...Yep I would imagine that fighting Goolge in a legal case is going to cost. Would you say its better to hire a lawyer to at least formalize the request submitted to the local data protection body? I would imagine that it would be more effective if written by a legal expert with proper references to the law...Any idea how much such legal service would cost?

The whole point of the Data Protection Authority is that it's accessible by the public to deal with complaints, so a lawyer is not necessary. It's an informal process and you/your clients can discuss your concerns over the phone with a case worker.

Your complaint would be along the lines that you have asked Google to remove personal data under Article 17 of GDPR and they have refused, citing a legitimate interest. It's then up to the Data Protection Authority to make an assessment whether that legitimate interest is valid versus the right to be forgotten for your clients.

Which member state do your clients live in? If you go to the relevant Data Protection Authority's website, some of them have a simple form that needs to be completed.