GDPR question

gdprquestion

Hey..so I've emailed the DPC on this but they're slow to respond due to the whole COVID thing. Someone with a grudge against me has posted very personal allegations about me on the internet. Google have refused to remove it despite me requesting to do so. The comments identify my full name, address, where I work etc and make false allegations against me and I have no way to respond or refute them.

Does anyone know do I have the right to have this removed under GDPR? I mean it's personal information about me but I didn't submit it. Google do not seem to care in the slightest.

banie01

Are Google hosting the info?
Have you contacted the owner of the website that is hosting to contested info?

I take it that you have filled out Google's form for this at https://www.google.com/webmasters/tools/legal-removal-request?complaint_type=rtbf&hl=en&rd=1

Where Google carry out any action in foot of that form, it is the removal of search results.
The info you are concerned about will still be available on the original website.

You need to contact the admins of the website where this info is published and have it taken down.

gdprquestion

Yeah, google are hosting the information and have published it. I spoke to a guy in google today but he seemed to just be copy and pasting responses and then stopped responding as soon as I mentioned GDPR.

BattleCorp

gdprquestion wrote: »

Hey..so I've emailed the DPC on this but they're slow to respond due to the whole COVID thing. Someone with a grudge against me has posted very personal allegations about me on the internet. Google have refused to remove it despite me requesting to do so. The comments identify my full name, address, where I work etc and make false allegations against me and I have no way to respond or refute them.

Does anyone know do I have the right to have this removed under GDPR? I mean it's personal information about me but I didn't submit it. Google do not seem to care in the slightest.

Have you taken screenshots of these personal allegations in the event of a defamation claim?

angel eyes 2012

Every citizen has the right to erasure of their personal data(subject to some restrictions) under article 17 of the GDPR. Data Controller must respond to the request within one month, if not data subject has a right to complain to a data supervisory authority, which in this case is probably the DPC.

gdprquestion

Further update:

I've been in touch with a well known MEP.

Basically, I've been advised that Google can use a 'hosting defence' whereby they can claim they just hosted it. Therefore I was advised to issue notice to Google that they are hosting information which is defamation. Apparently once they've been notified that material is defamatory they become liable if it's not removed.

Besides that, if google do not remove it the MEP and their team advised me to seek a solicitor, get an order to reveal the identity of the person who posted it and then to sue them along with google.

I would advise calling DPC, I have never had calls answered so quickly.

As far as google, have you tried contacting the person who handles their GDPR, generally its person with far superior legal training than customer service agents and they will be able to see the wood for the trees with your complaint and take it down fairly quickly.

Defamation isn't your only cause of action, its also misuse of private information and google will be liable from when you told them about it until they remove it (if they don't do it expeditiously) https://inforrm.org/2017/01/20/the-facebook-ireland-cases-intermediary-liability-and-defences-under-the-e-commerce-regulations-part-1-the-judgments-aidan-wills/

gdprquestion

Thanks for that. Tried DPC but there's a message that due to COVID they're not taking calls, just emails. I didn't contact any specific GDPR contact. I assume they're listed in that link you just shared so I'll take a look. Thanks

Lenar3556

This would appear to be more a matter of defamation than anything related to data protection.

How have you managed to establish that google are hosting the material? Is it possible that it has been produced and hosted by third parties and the google search engine is simply picking it up in a search?

If it’s the latter, the most you could reasonably expect from google is that they would omit this material from future searches, which depending on the circumstances they may be willing to do. It doesn’t make it go away however.

gdprquestion

Yeah it's a bit of both, defamation but also my personal identifying info is out there and I have no control over it.

Yeah it's hosted on a Google site unfortunately.

Uncle Pierre

Am not a lawyer myself, but I happen to know a bit about this sort of thing through work.

Can you at least identify the site, even if you obviously won't want to identify the specific page that contains these details and allegations?