Data Protection and The Right to be Forgotten
We have extensive experience of enforcing data protection rights, now enshrined in the General Data Protection Regulation (GDPR), including the right to erasure (better known as the “Right to be Forgotten”), the right to object to processing and the right of access.
Data protection law provides a vital tool for any individual seeking to enforce their rights in respect of intrusive, improper or unauthorised use of their personal information.
The Right to be Forgotten
- Internet Search Results
If there is information about you on the internet you would rather wasn’t there, you may be able to get it removed by exercising your rights to privacy and data protection.
We can help you seek the removal of links to historic, irrelevant or inaccurate data that appears in name-based internet search results.
Exercising this right can help reduce the visibility of historic, adverse material in your online profile.
We can help with de-listing requests to internet search engines including Google, Yahoo and Bing and can advise on complaints to the Information Commissioner’s Office [ICO], escalating to legal action where appropriate.
The information that may be de-listed may include information about spent convictions or past criminal prosecutions.
We were at the vanguard of the implementation of this right in this jurisdiction, acting for the claimants in the landmark cases of NT1 and NT2 –v-Google, where articles reporting convictions that had become spent appeared prominently in Google search results.
- Due Diligence Reports
Reports generated about you as part of standard Know Your Client (“KYC”) procedures, including by organisations such as WorldCheck/Refinitiv, may contain data that is inaccurate or out of date and which may be being processed in breach of your data protection rights. We can help you amend or sometimes remove these reports. We also have a strong track record in securing compensation/damages for clients whose rights have been infringed.
- Source publishers
In some cases, we can ask the source publishers to remove material that is published in breach of data protection rights, for example where the material is inaccurate. Material can include photographs, video and other information including financial, medical and other sensitive or personal information.
Rights of Access
We advise individuals on their rights of access and data controllers on how they respond to a data subject access request.
We can advise on your rights if your data is lost or stolen or if it used in a way that is not authorised by you, and can assist with claims for compensation for data breaches.
24/7 Partner-led Crisis Response
We have a 24-hour, 365 days of the year crisis management response team – one of our specialist partners is always available to respond to urgent crises at any time.
Carter-Ruck successfully sued Google on behalf of a businessman in a ground-breaking High Court case which implemented the “right to be forgotten” in England and Wales.
The court ordered Google to delist results about a man’s spent conviction from searches against his name, and upheld his claim for breach of data protection rights and misuse of private information.
The man’s conviction is spent under the UK’s Rehabilitation of Offenders Act, which protects many ex-offenders from the lifelong stigma of past offences.
The judge said the fact that a conviction is spent “will normally be a weighty factor against the further use or disclosure of information about those matters”.
We are working with the charity Unlock helping affected individuals with spent convictions.