The way the World Wide Web has grown has been nothing short of phenomenal. As each year goes by, trends break through with new web services and sites continually being created. The speed in which these sites grow in user numbers is well documented and the momentum for users uploading and sharing content doesn’t seem to be slowing down any time soon.
As internet usage grows, data security and privacy are paramount and our advice is to tread carefully when both sharing data online and when using web storage. To mitigate risks, always use complex passwords and 2-factor authentication where possible and make sure you fully trust the platforms you are using.
But how easy is it to remove your data from the various websites across the internet that you have used? Well, there is no simple answer as “it depends” on your situation. In certain circumstances, you are allowed to request the removal of your data, but unfortunately, it is not a simple click of a button and there are rules to follow.
What are your individual data rights?
The "right to be forgotten," also known as the "right to erasure," is a legal concept that allows individuals to request the removal of their personal data from the internet. This right is primarily recognised under the European Union's General Data Protection Regulation (GDPR), which was introduced in 2014. The GDPR outlines specific circumstances under which individuals can request the erasure of their personal data, which include: when the data is no longer necessary for the purpose it was originally collected; when the individual withdraws their consent; or when the data has been unlawfully processed.
The right to be forgotten is not absolute and only applies in certain situations. For example, it does not apply if the data is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, or for the establishment, exercise, or defence of legal claims.
The concept of removing personal data from the internet gained prominence following a 2010 case involving a Spanish national who requested the removal of outdated legal proceedings from Google's search results. The European Court of Justice ruled in favour of the individual, setting a precedent for the right to be forgotten.
In practice, individuals can request that organisations remove their personal data from online platforms if it meets specific criteria, such as being outdated or offensive. It is obligatory for organisations to comply with these requests without undue delay, typically within a month.
The right to be forgotten is a contentious issue and has sparked debates about its implications for freedom of expression and the potential for rewriting history. Nonetheless, it remains a crucial aspect of data protection laws, ensuring individuals have control over their personal information in the digital age. It is not an easy or quick process, however, so if you want the information to be removed, you would first have to find them and then make an individual request to each entity with subsequent follow-ups and chasing.
There is a niche industry in getting your data deleted
Internet data deletion has become big business and there are services now available to save you the time and the effort of doing this yourself. This does seem quite a manual task but businesses like Delete Me will use other web-based tools to check for information regarding an individual and manage a process of removal. This service however seems very US-focused with the major challenge being the limited ability to both manage deletions outside of the region and how exhaustive this can be.
Depending on the seriousness of the data needing to be deleted, you could of course also manage this process manually yourself, engaging with lawyers to take a legal standpoint to the business holding your data. However, with legal proceedings, it would depend on the country where this legal action would need to take place and could involve more than one legal firm for assistance.
Your data isn’t always easy to find
As we have discussed in previous posts, data isn’t always present and searchable on the internet. A Google search for example won’t always find data about you and in some instances, data can be present on the dark web. Generally, this data has been stolen from a website hack or similar and can be offered to the highest bidder. Unfortunately, when it comes to this data, deletion is pretty much impossible. Those who hold the data are already doing so illegally, so challenges around the law are likely going to be falling on deaf ears. Luckily most of the data on the dark web is generally password data and changes of these passwords can mitigate any risks. However, in some instances, there is also other data stolen which can include sensitive and personal information such as medical records.
Prevention is better than cure
In conclusion, it is possible to delete data on the internet using various global laws, however, do expect the process to be long and drawn out and there is no guarantee of success in all instances. If you are really concerned about personal data online that you want deleted, it’s best to bring in an expert, but don’t expect the process to be quick or cheap.
Finally, the old adage that prevention is better than cure is a rule on the internet as it is anywhere. Try and follow sound security practices and use all the tools at your disposal to avoid data being leaked in the first place.
