How does Ixquick handle search removal requests under Data Protection law in Europe? (The Right to be Forgotten)
Last modified on 18 October 2016 07:13 PM
A ruling by the Court of Justice of the European Union from 2014 has had consequences for search engines in Europe. The court found that certain users have the right to ask search engines like Ixquick to remove results for queries that include the user's name. To qualify, the results shown would need to be inadequate, irrelevant, obsolete or excessive.
A recent ruling by the Court of Justice of the European Union (C-131/12, 13 May 2014) found that certain people can ask search engines to remove specific results for queries that include their name, where the interests in those results appearing are outweight by the person's privacy rights.
We recommend first contacting the website's owner, content provider or the domain provider of the result with your request.
As Ixquick does not have its own search index and instead relies on other search engines, it may be much more efficient to request removal with them.
Ixquick will also comply with the Court's ruling. This is a complicated process because we need to assess each individual request and balance the rights of the individual to control his or her personal data with the public's right to know and distribute information. As we are just a small organization, this may take up to a maximum of three weeks.
When you make such a request, we will balance the privacy rights of the individual with the public's interest to know and the right to distribute information. When evaluating your request, we will look at whether the results include outdated information about you, as well as whether there's a public interest in the information – for example, we may decline to remove certain information about financial scams, professional malpractice, criminal convictions, or public conduct of government officials.
If you have a removal request for Ixquick, please send an email at email@example.com and supply the following information:
1. The country whose law applies to your request
2. Personal Information:
3. Contact email address (where emails about your request will be sent)
4. Search results you want removed from the list of results produced when searching for the name in question
5. URLs for results you want removed. If your request concerns more than one result, please provide the URL for each result and an explanation of why the inclusion of that result in search results is irrelevant, outdated, or otherwise objectionable. We will not be able to process your complaint without this information. For example:
6. Verify your identity. In order to prevent fraudulent removal requests from people impersonating others, trying to harm competitors, or improperly seeking to suppress legal information, we need to verify identify. Accordingly, please attach a legible copy of a document that verifies your identity (or the identity of the person whom you are authorized to represent) and proof of the validity of the representation. A passport or other government-issued ID is not required. You may obscure parts of the document (e.g., numbers) as long as the remaining information identifies you. You may also obscure your photograph, u nless you are asking for removal of pages that include photographs of you. Ixquick will use this information solely to help us document the authenticity of your request and will delete the copy within a month of closing your removal request case, except as otherwise required by law.
7. Confirm. Please confirm you "represent that the information in this request is accurate and I am the person affected by the webpages identified" or "I am authorized by the person affected to submit this request."
8. Sign and Date. By typing your name and sending your email you are representing that the above statements are true, that you are requesting the removal of the search results identified by the URLs you have listed above, and that, if you are acting on behalf of another person, you have the legal authority to do so.
Ixquick will use the personal information that you supply on this form (including your email addresses and any ID information) for the purposes of processing your request and meeting our legal obligations. We may share details of your request with data protection authorities, but only when they require these details to investigate or review a decision that we have made. That will normally be because you have chosen to contact your national DPA about our decision. We may provide details to the webmaster(s) of the URLs that have been removed from our search results.
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