Google de-referencing: understanding the concept and its impact

Google dereferencing

Through our SEO Agency Optimize 360

---

Dereferencing, also known as de-indexing or the right to be forgotten, is a subject that has given rise to a great deal of discussion about the way in which search engines such as Google.

But what does this really mean and why do we need to look into it?

In this article, we take a detailed look at the concept of dereferencing, its implications and consequences for users, businesses and the protection of their privacy.

What is dereferencing?

Le dereferencing is the practice of removing certain web pages or links from the results of a search engine, such as Google.

This action may be taken voluntarily by the site owner or following an external request, often motivated by concerns about confidentiality and privacy.

Why request dereferencing?

There are various reasons for requesting dereferencing:

• • Personal information (surnames, first names, addresses) disclosed without consent.
  • Online reputation affected by negative or defamatory content.
  • The right to be forgotten in old court cases.
  • Obsolete or inaccurate content that no longer reflects reality.

In these situations, dereferencing makes it possible to protect the privacy and integrity of the individuals concerned.

The legal framework for dereferencing in Europe

The issue of dereferencing was made famous by a Spanish case that led to a ruling by the Court of Justice of the European Union (CJEU) in May 2014.

This decision, known as the "Google Spain ruling", recognises the right to digital oblivion to all European citizens, enabling them to request the deletion of their personal information under certain conditions.

The criteria for the right to be forgotten

Following this decision, each dereferencing request must be examined on a case-by-case basis by the search engine concerned. Several criteria are taken into account:

• • The nature of the information: the information must be inadequate, irrelevant or excessive for the dereferencing request to be accepted.
  • The age of the information: the older the information concerned, the greater the likelihood that it will be dereferenced.
  • Public interest: if the information is of public interest, it can be maintained in the results despite the request for delisting.
  • The harm caused: the search engine must weigh the interest of the information for the public against the harm suffered by the person concerned.

It is important to note that these criteria are subjective and may vary depending on the situation. Furthermore, it is not a question of purely and simply deleting the offending content, but of a withdrawal of search results for first and last names of the person concerned.

The dereferencing process at Google

Google, as a major player in the search engine market, has put in place a detailed process enabling users to request that certain pages or links concerning them be dereferenced.

Submitting a dereferencing request

To submit a delisting request to Google, you need to fill in a dedicated online form:

1. 1. Enter your contact details and those of the content concerned by the dereferencing request (URL).
   2. Justify your request on the basis of the criteria defined above (nature of the information, age, public interest, harm).
   3. Provide proof of identity.

Once the form has been submitted, Google will examine the request, which can take several weeks.

Google's decision and possible remedies

After examining the request, Google will notify the requester of its decision. If the de-listing request is accepted, the link in question will be de-indexed from the search results for the first and last names of the person concerned.

However, if the request is refused, it is still possible to apply to the relevant authorities, such as the Commission Nationale de l'Informatique et des Libertés (CNIL), to have the decision reviewed. However, this can be a complex and lengthy process.

Reflections on dereferencing and its consequences

The subject of dereferencing raises important issues for the privacy of individuals, but also for freedom of expression and the right to information. Several points need to be taken into account when assessing the merits of dereferencing:

• Geographical scope: dereferencing is only effective in Europe, and some information can still be accessed in other parts of the world or by indirect means.
• The balance between protection of privacy and censorship: while this guarantees individuals a degree of control over their personal data, there is also a risk of censorship or manipulation of information.
• Possible collateral damage to innocent third parties when content is dereferenced without taking into account the other persons or companies mentioned.

In conclusion, Google dereferencing is a complex issue that requires a nuanced approach in order to reconcile the imperatives of the right to privacy and the right to information.

With this in mind, understanding the ins and outs is crucial for anyone wishing to protect their online reputation and identity data.