The Right to Be Forgotten: What It Means for Online Investigations and How to Navigate It
The Right to Be Forgotten (RTBF) has fundamentally changed how personal information appears in search engine results, especially in the EU and UK under GDPR. Understanding RTBF’s impact is essential for online investigators—whether in fraud detection, copyright enforcement, or any form of digital investigation. This post explores what RTBF means, how it affects searches, and ethical ways to navigate its challenges.
What Is the Right to Be Forgotten?
The Right to Be Forgotten allows individuals to request the removal of personal information from search engine results if it is:
- Inaccurate, irrelevant, or outdated.
- Inadequate or excessive for the purpose it was processed.
Once approved, search engines like Google must deindex the information, making it harder to find using specific keywords (e.g., a person’s name). However, the content is not removed from the source website—it is merely hidden from search results in specific regions.
How Does RTBF Affect Online Investigations?
For investigators, RTBF presents several challenges:
- Incomplete Search Results: In the EU and UK, search engines must deindex links related to approved RTBF requests, potentially leaving investigators with incomplete data.
- Geographic Restrictions: Deindexing applies only to European domains (e.g., google.co.uk, google.fr), meaning the information might still appear on international versions like google.com.
- Public Interest Exceptions: Information of public interest (e.g., criminal records, professional conduct) is less likely to be deindexed, but the interpretation of “public interest” can be inconsistent.
Can You Get Around the Right to Be Forgotten?
While RTBF aims to protect personal privacy, there are ways to find information that has been deindexed—but it’s crucial to stay within legal and ethical boundaries. Here are some effective techniques:
1. Use Non-European Versions of Search Engines
RTBF is enforced on European domains but not on international ones. Searching on:
…might reveal results that are hidden on European versions. However, this raises ethical and legal questions, particularly under GDPR.
2. Check the Original Website
Deindexing only affects search results—the original content usually remains on the website. If you know the source (e.g., a news site), visit it directly and use its internal search function.
3. Use Web Archives
Historical versions of webpages can be found using:
- Wayback Machine
- Archive. today
These tools might show pages as they appeared before being deindexed.
4. Social Media and Alternative Search Engines
RTBF requests mainly affect Google and Bing. Information might still be accessible on:
- Social media (Facebook, LinkedIn, Twitter)
- Alternative search engines like DuckDuckGo or Yahoo
5. Cross-referencing and Indirect Searches
Searching for related keywords, events, or the names of associated people or organizations can provide contextually linked information. For example:
6. International News Sites and Databases
If the content was indexed outside the EU or UK, it may still be visible on international news sites or public records databases. Try searching through news aggregators or global databases that aren’t subject to GDPR rules.
Ethical and Legal Considerations
Navigating RTBF as an investigator requires a careful balance of legality and ethics:
- GDPR Compliance: If you’re operating in the EU or UK, circumventing RTBF could violate GDPR.
- Professional Integrity: Consider the ethical implications, especially if using the information for investigative or reporting purposes.
- Transparency and Accountability: Always document your sources and methods to maintain accountability and credibility.
The Changing Landscape of Online Investigations
The Right to Be Forgotten has undeniably changed how investigators approach online searches. It challenges conventional data-gathering methods and forces investigators to adapt using alternative sources and advanced search techniques.
However, these challenges also present opportunities for more ethical and responsible investigations. By understanding RTBF and navigating its implications carefully, investigators can balance the public’s right to information and individual privacy rights.
Conclusion
The Right to Be Forgotten is here to stay, and its influence on online investigations is profound. Investigators must remain informed, adaptable, and ethical to navigate this evolving landscape effectively. By leveraging non-European search engines, web archives, and advanced search techniques—while staying within legal boundaries—investigators can continue to find crucial information while respecting personal privacy rights.
