MDU advises doctors on right to be forgotten online

The ruling by the Court of Justice of the European Union1 found that search engine operators are data controllers and that individuals have the right to ask them to remove certain search results on privacy grounds. These include results which appear to be inaccurate, inadequate, irrelevant, or excessive.
The MDU has issued advice to members on the implications of the ruling2.
Dr Caroline Fryar, MDU head of advisory services, said:
"Increasingly doctors are seeking our advice about how to deal with critical online coverage. They may have found to their distress that an online search of their name brings up an unfavourable or unflattering story such as a news report about a patient complaint or a past GMC investigation, which may have happened many years ago.
"The recent European court ruling is good news for doctors as it means they can apply to Google and other search engine operators to request the removal of certain results on privacy grounds.
"However, we urge a note of caution as it remains to be seen whether requests to remove results will be successful given that decisions will be taken on a case by case basis, balancing the public interest with the right to privacy.
"It is also important to remember that the actual web pages and documents will not be removed from the internet, only the opportunity to access them via a search engine link. The judgment also only applies to EU countries. Users may still be able to navigate to the particular page by using a completely different search term or the same search term entered into a search engine outside the EU.
"Ultimately, the understandable desire to have a website link erased needs to be balanced against recognition that achieving this may not be the end of the matter and may itself attract comment. Members with queries about online criticism are welcome to contact us for advice."