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Legal

What is Right to Be Forgotten?

A legal right, primarily under GDPR Article 17, that allows individuals to request the deletion of their personal data from organizations and search engine results when it's no longer necessary or was processed without proper consent.

Also known as: Right to Erasure, GDPR Article 17, Right to Deletion

The right to be forgotten is one of the most powerful privacy rights in the world — and one of the most underused. It gives you the legal power to demand deletion of your personal data.

How It Works Under GDPR

You can request erasure when:

  • The data is no longer necessary for its original purpose
  • You withdraw consent and there's no other legal basis for processing
  • You object to processing and there are no overriding legitimate grounds
  • The data was processed unlawfully
  • The data was collected from a child

Organizations must respond within 30 days (extendable to 90 in complex cases).

What You Can Request Removal Of

  • Search engine results: Google, Bing must delist pages about you upon valid request
  • Social media posts: Platforms must delete your data and content
  • Data broker listings: Brokers must remove your profile
  • Company databases: Any company holding your personal data without ongoing legitimate purpose
  • Forum posts: Platforms must delete your identifiable content
  • News articles: In limited cases, outdated or irrelevant articles can be delisted

Where This Right Exists

Jurisdiction Law Strength
EU/EEA GDPR Article 17 Strong — enforceable with fines up to €20M
UK UK GDPR Strong — mirrors EU GDPR
California CCPA/CPRA Good — "right to delete" with some exceptions
Virginia, Colorado, Connecticut State privacy laws Moderate — right to delete personal data
Brazil LGPD Strong — right to deletion
Japan, South Korea, Argentina National privacy laws Varying protections

Limitations

  • Public interest: Journalism, historical archives, scientific research may override
  • Legal obligations: Companies can retain data required by law (tax records, etc.)
  • Freedom of expression: Legitimate speech interests may prevent removal
  • Technical limits: Data in backups may take time to purge; data in trained AI models is difficult to remove
  • Geographic scope: GDPR applies to EU processing; US has no federal equivalent

How to Exercise This Right

  1. Identify who has your data — Search for yourself online, check data brokers
  2. Send a formal request — Email the organization's Data Protection Officer (DPO) or privacy team
  3. Cite the specific legal basis — GDPR Article 17, CCPA Section 1798.105, or relevant local law
  4. Be specific — Describe exactly what data you want deleted
  5. Keep records — Document all requests and responses
  6. Escalate if needed — File complaints with your national data protection authority if requests are ignored
  7. Use Google's removal tool — google.com/webmasters/tools/legal-removal-request for search result removal

For US Residents

While there's no federal right to be forgotten in the US, you can still:

  • Exercise deletion rights under California, Virginia, Colorado, Connecticut, and other state laws
  • Request removal from data broker sites (opt-out processes)
  • Use Google's personal information removal tool
  • Engage a vetted data removal service — compare options on /remove; examples include Optery, DeleteMe, and others
  • Send cease and desist letters for unauthorized use of personal information

Related Terms

Have more questions?

Use our guided flow to get the right next privacy step for Right to Be Forgotten.

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