What Is the Right to Be Forgotten? A Complete Guide

What Is the Right to Be Forgotten?

The right to be forgotten — formally known as the right to erasure under Article 17 of the General Data Protection Regulation (GDPR) — gives individuals the right to request the removal of their personal data from search engine results.

This right was first established by the European Court of Justice in the landmark Google Spain ruling in 2014 (C-131/12). The court decided that search engines like Google act as data controllers and must, under certain conditions, remove links to web pages containing personal data from search results.

Important: What It Does and Doesn't Do

The right to be forgotten does not remove the original web page. It only removes the link from search results when someone searches for your name. The original article or page remains accessible through direct URLs or other search terms.

When Does the Right Apply?

You may have grounds for a removal request when:

• The information is outdated — Events from years ago that no longer reflect your current situation
• The information is irrelevant — Data that serves no public interest
• The information is excessive — More personal data is shown than necessary
• You are a private individual — Public figures have a reduced expectation of privacy

How to Submit a Request

Step 1: Request Directly to Google

Google has an online form for right to be forgotten requests. You can submit URLs you want removed along with your reasoning.

Step 2: If Google Refuses

If Google denies your request, you can:

File a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens)

Start legal proceedings in court

Step 3: Court Proceedings

Dutch courts will weigh your right to privacy against the public interest in the information. Our analysis of 45+ Dutch court rulings shows that approximately 84% of well-prepared cases succeed.

What Dutch Courts Consider

Dutch courts apply seven key criteria when evaluating a right to be forgotten request:

Nature of the information — Is it factual reporting, opinion, or personal data?

Special categories of data — Criminal or medical data receives extra protection

Public figure vs. private individual — Public figures have less protection for their public role

Age of the information — Older information is more likely to be removed

Public interest — Does the public have a legitimate interest in the information?

Impact on the individual — How severely does the information affect you?

Context of publication — Was the information published by a journalist or on a forum?

Need Help?

Navigating the right to be forgotten can be complex. MediaMaze has analyzed every Dutch court ruling on this topic and can assess your case free of charge. Contact us to describe your situation.