Search Result Suppression — Through Data-Protection Instruments
When typing your name into a search engine surfaces old, damaging or unlawfully disseminated information, the problem lies not only on the page where the information sits — it lies in its visibility. The Georgian Law on Personal Data Protection answers this situation with three rights: the right to information creates transparency, the right of access and copies establishes what data are processed, and the right to cessation of processing, erasure or destruction — including, for publicly available data, the demand to delete any internet link — is precisely the path to limiting the visibility of search results.
The Right to Information — the First Step of Transparency
A data subject may request from the controller confirmation of whether data about him are processed, whether the processing is justified, and receive free of charge information on: what data are processed and on what basis and for what purpose; the source of collection; the storage period or the criteria for determining it; the data subject's rights; the legal basis and guarantees of transfers to another state or international organization; the identity or categories of recipients; and the logic and impact of automated processing, including profiling.
This information is provided no later than 10 working days after the request; in special cases, with proper justification, the period may be extended by no more than a further 10 working days, of which the data subject is informed immediately. The data subject chooses the form of supply — unless requested otherwise, the information is given in the same form as the request.
Access and Copies — What Data Exist About You
A data subject has the right to acquaint himself with the personal data concerning him held by the controller and to receive copies free of charge — except where legislation provides a fee or the controller has set a reasonable fee for supply in a different form due to resources expended or the frequency of requests. Copies are provided no later than 10 working days after the request, extendable in special cases by no more than 10 working days. Any fee must not exceed the resources actually expended, and the burden of proving its reasonableness lies on the controller.
Erasure, Cessation and the Removal of Internet Links
The central norm for search-result suppression is one point of the erasure right: where data are processed in a publicly available form, the data subject has the additional right to demand from the controller restriction of the availability of the data and/or the deletion of any internet link associated with the data. Generally, the subject may demand the cessation of processing — including profiling — erasure or destruction, and within 10 working days of the request one of the following must happen: the processing ceases, the data are erased, or the subject is informed of the ground of refusal and the manner of appeal.
Refusal is possible only in the cases provided by law: where a lawful basis of processing exists; the data are processed for the substantiation of a legal claim or defence; the processing is necessary for the exercise of the right of freedom of expression or information; or the purpose is archiving in the public interest, scientific or historical research or statistics, and exercising the right would render the achievement of the purpose impossible. In each such case the controller bears the burden of substantiating the ground — precisely where search-result disputes are decided.
An essential detail is the propagation effect: the controller must notify every recipient and every person to whom it transferred the data of the erasure — unless impossible due to their number or disproportionately large costs — and the recipients are themselves obliged to cease processing and erase or destroy the data.
A suppression request rests on the data subject's rights of access and control: the request should identify the specific links, the ground of processing relied upon by the controller, and the concrete way in which the listing places the subject at a disadvantage.
Frequently Asked Questions
Can one demand the deletion of a link?
Yes — where data are processed in publicly available form, the data subject may additionally demand restriction of availability and/or deletion of any internet link associated with the data.
What is the response time?
Information, copies and the act of erasure — no later than 10 working days; in special cases the period may be extended by a further 10 working days with justification.
When can refusal occur?
Only in cases provided by law — for instance, where processing is necessary for freedom of expression; substantiating the ground lies on the controller.
Are copies charged?
In principle free of charge; exceptions are a legally set fee or a reasonable fee for a different form of supply, not exceeding the resources expended.
How We Help on Legal.ge
The Legal.ge team works on matters of search results and personal data: preparing requests for information, copies and erasure, assessing grounds of refusal and appeal prospects, and protecting your interests throughout the procedure. Contact us for an assessment of your case grounded in the law's specific provisions.