Right to Be Forgotten: Protecting Your Privacy in Digital News
July 22, 2025 • 3 min read
There once was a time when the publication of personal information had a defined readership life span. This life span was short and the public’s interest surrounding the publication of personal information would usually dissipate once the newspaper was discarded. If an individual wished to revisit a publication, they had to undertake exemplary efforts to do so. These efforts would include visiting an archive or contacting a news outlet directly. Even when undertaking these efforts, there was no guarantee that the publication of personal information would be found. However, in recent times, society has become accustomed to the fact that this limited readership life span is no longer the norm. In fact, most individuals have adjusted their lives to accommodate the mark of the digital age and the fact that most information is readily available within a few clicks.
While there are great benefits to these advances in technology, it can also have devastating consequences. Virtually anyone can publish content including your personal information on the internet. Often, these publications appear prominently in internet search results. The prominence, and seemingly permanence, of the content can cause extreme hardship and heartache for individuals who have had their personal information strewn across the internet.
In 1995, the European Union passed Directive 95/46 which safeguarded individuals by protecting their personal information.[1] However, the internet was still in its early days such that the impact and reach of the Directive was virtually unknown until recently. In 2014, the European Union interpreted this Directive to mean that there is a presumption that Google must delete links which reveal personal information if they are requested to do so.[2] Unfortunately, the reach of Directive 95/46 does not extend to the United States. In this country, there is no presumption that internet search engines, like Google, must delete links to personal information if requested to do so.
The United States places a strong emphasis on the First Amendment which, generally speaking, protects various freedoms such as freedom of speech and the press. However, due to increasing concerns about the distribution of personal information on the internet, some news organizations and other large companies in the United States have adopted their own version of “right to be forgotten” laws. These policies, which vary among companies and news organizations, often require reasonable protection of personal information.
The Boston Globe, the Atlanta Journal-Constitution, the Bangor Daily News, the Oregonian, NJ.com, Cleveland.com, and the Plain Dealer are among the growing number of news organizations that have adopted policies regarding the removal of personal information and have provided mechanisms for individuals to obtain removal of personal information. However, despite the desire to extend compassion towards individuals who have been plagued by the negative effects of seemingly minor indiscretions from the past, many news organizations still set strict parameters for articles that cannot be removed. Often articles that news organizations will not remove involved instances of reporting on violence, sex offenses, and crimes against children.
The increasing awareness and public desire to implement protections regarding personal information on the internet has opened the door to having greater success at removal efforts. While there is no guarantee that the requested content will be removed, there are specific and often viable avenues that individuals can take. It is not necessary to use an attorney when pursuing the removal of personal information from the internet, however, it can increase your chances of success.
If you have been negatively impacted by the publication of personal information on the internet and wish to pursue removal efforts through an attorney, contact Buckingham’s accomplished defamation practice group: Andrew Stebbins ([email protected]), Christina Williams ([email protected]), or Emily Marshall Grigas ([email protected]).
[1] Council Directive 95/46, 1995 O.J. (L 281) 31 (EC).
[2] Internet Law-Protection of Personal Data-Court of Justice of the European Union Creates Presumption That Google Must Remove Links to Personal Data Upon Request. Case C-131/12, Google Spain Sl v. Agencia Española De Prot, 128 Harv.L.Rev. 735 (2014).
