Lawyer Monthly Magazine - September 2021 Edition

36 WWW.LAWYER-MONTHLY.COM | SEP 2021 WHY WE NEED TO ALIGN INTERNATIONAL LAWS ON THE RIGHT TO BE FORGOTTEN Should our UK law on the Right to be Forgotten and digital obscurity be better aligned with those of Europe? It seems the European Court of Human Rights (which the UK remains part of post-Brexit) agrees that it should. Europe is setting the example for people's right to digital obscurity by bringing GDPR regulations into force. Successful cases of people invoking their right to be forgotten (RTBF) across Europe and having unwanted information about them removed from online sources is much more prevalent than in the UK. But what is the right to be forgotten? The RTBF is the legal process of requesting the erasure of personal data from an organisation’s database. More specifically, this ruling – within the European Union only – makes Google responsible for removing “irrelevant” or “outdated” information from search results. Along with other search engines, Google must also consider removing links to data that is inaccurate, inadequate, irrelevant, or excessive when filing a request from an individual about their own search results. With our personal reputations and career prospects reliant on the results that appear when our names are entered via search engines, it is no wonder many people look to evoke their RTBF. GDPR and the Right to Be Forgotten So, what are the legalities? The UK General Data Protection Regulation (GDPR), which was retained from the EU regulation under article 17, cemented this into law and now provides individuals with the right to request erasure of their personal data online. All GDPR rights continue to exist in the UK post- Brexit. Why We Need to Align International Laws on the Right to Be Forgotten Europe is setting the example for people's right to digital obscurity by bringing GDPR regulations into force. Simon Wadsworth Founder, Igniyte 1 Aire Street, Leeds, LS1 4PR Tel: +44 (0)203 542 8689 Email: simon@igniyte.com www.igniyte.co.uk Simon Wadsworth Simon Wadsworth is the founder of Igniyte and a global reputation management expert. He has advised chief executives at Mercedes, ITV, Bibby, and Quorn. Igniyte Igniyte is a leading authority in online reputation management, working with businesses, brands, high net worth individuals and business owners across the UK, Europe, Africa, the UAE, the US and Canada. Reputation management expert Simon Wadsworth shares his thoughts on the recent debate and headlines around the Right to Be Forgotten and discusses what needs to be implemented to align the UK with international laws.