Understanding the Right to Be Forgotten in the UK

In the digital age, personal information can linger online indefinitely, sometimes with significant consequences for individuals. This is especially true for those with past criminal convictions, where old news articles and records can continue to impact employment prospects, relationships, and rehabilitation.

What Is the Right to Be Forgotten?

The Right to Be Forgotten, formally recognised under Article 17 of the UK General Data Protection Regulation (UK GDPR), enables individuals to request the deletion of personal data where there is no compelling reason for its continued processing. This right is particularly relevant in cases where outdated, misleading, or disproportionate information about past convictions continues to appear online, causing undue harm or distress.

When Can You Request Data Removal?

You may have the right to request removal of articles or personal data related to criminal convictions if:

The data is no longer necessary for the purpose it was collected.
You have served your sentence, and the conviction is spent under the Rehabilitation of Offenders Act 1974.
The data is inaccurate, misleading, or disproportionately affects your ability to reintegrate into society.
The information continues to cause harm despite no ongoing public interest.
The data was processed unlawfully or without proper consent.

Where Can You Make a Request?

Requests to remove public articles or personal data under the Right to Be Forgotten should typically be directed to:

Search engines (e.g., Google, Bing) if the information appears in search results.
News organisations and website owners if the data is hosted on a specific site.
Social media platforms if the information is contained in posts or discussions.
Data controllers (companies or organisations that hold your personal data, such as background check agencies).

How to Make a Request

To make a request, follow these steps:

Identify the Data – Find out exactly where your conviction-related data appears and how it is being used.
Contact the Organisation – Submit a formal request to the organisation responsible for processing the data. Most search engines and news outlets have dedicated forms for such requests.
Provide Justification – Clearly explain why the data should be removed, referencing your right to privacy, rehabilitation, and any relevant UK GDPR provisions.
Include Supporting Evidence – Attach proof of identity, evidence of harm caused by the data, and documentation showing the conviction is spent (if applicable).
Follow Up – If you do not receive a response within one month, you can escalate the matter to the Information Commissioner's Office (ICO).

What If Your Request Is Rejected?

Not all requests are granted. A company may refuse to erase data if:

The data is needed for exercising the right of freedom of expression and public interest journalism.
The conviction is unspent and remains relevant to public safety or legal matters.
The information is in the public interest (e.g., related to public figures or serious crimes).
The data is necessary for legal compliance or law enforcement purposes.

If your request is denied, you can challenge the decision by:

Appealing to the organisation with further clarification.
Filing a complaint with the ICO, which can investigate and potentially order the removal of the data.

For more information or to make a complaint, visit the ICO website.

A Cautionary Note

There are many organisations offering paid-for services to do this for you. They will charge a fee depending on the amount of work they anticipate will be involved.

Whilst they may be successful in some or all cases, you should ensure that they do not approach some of the privately run websites which gather and publish details of convictions for some offence types (such as sexual offences) as this may result in them deciding to create additional publicity on social media about your offence and the request to delete it.