What Is the Right to Be Forgotten in the UK?
The Right to Be Forgotten (RTBF) is a legal right that allows individuals to request the removal of personal data from search engine results when that data is inaccurate, inadequate, irrelevant, or excessive. In the UK, this right is enshrined in Article 17 of the UK General Data Protection Regulation (UK GDPR), which was retained in domestic law following Brexit.
The concept originated from the landmark 2014 ruling by the Court of Justice of the European Union in the case of Google Spain v. Mario Costeja González. The court determined that search engines are data controllers and that individuals have the right to request de-listing of search results that are no longer relevant to their current circumstances.
It is important to understand that the Right to Be Forgotten in the UK does not erase content from the internet. Rather, it removes specific URLs from search engine results pages, making the content significantly harder — though not impossible — to find.
Who Is Eligible for Right to Be Forgotten Requests in the UK?
Eligibility for RTBF requests in the UK depends on several factors. Private individuals generally have stronger claims than public figures, as the public interest in their personal information is lower. However, even public figures can succeed in RTBF requests when the information at issue is clearly outdated, inaccurate, or irrelevant to their current public role.
Individuals with spent criminal convictions have particularly strong grounds under UK law. The Rehabilitation of Offenders Act 1974 establishes that certain convictions become spent after a defined period, meaning the individual should no longer be defined by that past offence. Google has increasingly accepted RTBF requests relating to spent convictions, especially when the individual poses no ongoing risk to the public.
Professionals whose outdated negative content is damaging their livelihood — such as a doctor facing old, resolved malpractice allegations or a solicitor whose struck-off predecessor shares their name — also have legitimate grounds for a request, though a public interest balancing test will apply.
How to Submit a Right to Be Forgotten Request to Google
The process begins with Google's official removal request form, accessible through their privacy tools. You will need to provide your full name, contact information, the specific URLs you want de-listed, and a clear explanation of why each URL meets the criteria for removal.
Your explanation should address why the content is inaccurate, outdated, no longer relevant, or otherwise harmful to your rights. The stronger and more specific your justification, the more likely Google is to approve the request. Vague or poorly argued submissions are routinely rejected.
Supporting documentation can significantly strengthen your application. This might include evidence that a criminal conviction is spent, proof that the information is factually inaccurate, or documentation showing that the content is causing disproportionate harm relative to any legitimate public interest.
What Google Considers When Evaluating RTBF Requests
Google conducts a balancing test, weighing the applicant's right to privacy against the public's right to access information. The key factors Google considers include the nature of the information, the role of the applicant in public life, the age of the content, and whether the content remains relevant to the applicant's current circumstances.
Content relating to criminal activity, professional misconduct, or matters of public health and safety faces a higher threshold for removal, particularly when the applicant holds a public-facing role. However, the passage of time can shift this balance, as information that was once legitimately in the public interest may no longer serve that purpose years later.
Google also considers whether the content is accurate. Factually incorrect information is more likely to be de-listed, as the public interest in accessing false information is inherently lower than for truthful reporting.
What to Do If Your Right to Be Forgotten Request Is Denied
Google rejects a significant proportion of RTBF requests, but a denial is not the end of the road. You can submit an appeal directly to Google, providing additional evidence or a more compelling argument for removal. Many initially rejected requests succeed on appeal when supported by stronger documentation.
If Google maintains its refusal, UK residents can escalate the matter to the Information Commissioner's Office (ICO). The ICO has the authority to order Google to comply with RTBF requests and has intervened in cases where Google's balancing test was deemed inadequate.
In rare cases, applicants may pursue judicial review or bring a claim under the Data Protection Act 2018. While litigation is more expensive and time-consuming, it can be appropriate for high-stakes cases where the ICO has not resolved the matter satisfactorily.
Right to Be Forgotten UK: Case Studies and Precedents
Several notable cases illustrate how the Right to Be Forgotten operates in practice. In NT1 and NT2 v. Google LLC (2018), the UK High Court heard two cases involving businessmen seeking de-listing of results relating to past criminal convictions. The court ruled in favour of one applicant whose conviction was spent and who had demonstrated genuine rehabilitation, while denying the other applicant who had not been forthcoming about his past.
These cases established important precedents for UK RTBF law: the passage of time matters, genuine rehabilitation is relevant, and dishonesty during the application process can be fatal to a claim. They also confirmed that the UK courts will independently assess Google's balancing test and can overturn Google's decisions.
Since these rulings, Google has become more receptive to UK-based RTBF requests, particularly those involving spent convictions, outdated personal information, and content that is clearly causing disproportionate harm.
How Professional Support Strengthens Your RTBF Application
While anyone can submit a RTBF request independently, professional support significantly improves the likelihood of success. Reputation management firms and specialist solicitors understand the legal criteria Google applies, know how to frame arguments persuasively, and can compile the supporting evidence needed to tip the balance in your favour.
Professional firms also manage the entire process — from initial eligibility assessment through to appeal and escalation — reducing the stress and uncertainty for applicants. For complex cases involving multiple URLs, public interest considerations, or prior rejections, expert guidance is particularly valuable.