Right to image delisting

What it is

The right to image delisting is the right to obtain the removal from Google Images results (and other search engines) of photos of you when they:

• are outdated, irrelevant or excessive;
• harm your privacy or reputation;
• were published without your consent;
• are not covered by an overriding public interest in keeping them indexed.

Delisting is not deletion

• The photo stays on the original website,
• but it no longer appears when someone searches your name on Google Images.
• It can only be reached through its direct address or by searching the source site.

Compared with delisting text links, delisting images is often more complex: the same photo can circulate on hundreds of sites, and each result has to be assessed.

How Google Images works

Normally:

• you search “John Doe” on Google Images;
• a gallery of his photos appears, taken from various sites;
• anyone can see them.

After delisting:

• you search “John Doe” on Google Images;
• the removed photos do not appear;
• they remain on the original site, but can no longer be found through Google.

The legal basis

The GDPR treats search engines as “data controllers”:

• they index images, which is processing of personal data;
• they must balance your privacy against the public interest in information;
• they are obliged to assess delisting requests.

Photos that can be delisted

Private images published without consent

Personal photos

• Family photos, with friends, on holiday.
• Published by third parties without permission.
• Posted on websites, blogs or social media and then indexed by Google.

Embarrassing photos

• Private situations (parties, intimate but not explicit moments).
• Never intended for public distribution.
• Damaging to your reputation.

Photos from when you were a minor

• Photos of you as a child or teenager.
• Published by parents or relatives without your current consent.
• Now that you are an adult, you have the right to ask for their removal.

Outdated photos

Old images

• Old professional photos (previous jobs, roles you no longer hold).
• Your physical appearance has changed.
• The context is no longer current.

Past events

• Photos of demonstrations or public events from years ago.
• No longer relevant to the public interest.
• Harmful to your current reputation.

Photos linked to negative events

• Dismissed criminal proceedings: photos of the arrest or trial, for an offence that is time-barred or dismissed and no longer of public interest.
• Bankruptcies and business crises: photos linked to negative news, insolvency proceedings closed, rehabilitation obtained.
• Accidents and scandals: photos of road accidents in which you appear, media scandals from long ago, now behind you.

Photos used out of context

• A legitimate photo of you on site A
• is reused by site B in a negative or misleading context.
• The improper association damages your reputation.

Manipulated photos and deepfakes

• Photomontages.
• Images altered with artificial intelligence.
• Deepfakes that are not sexually explicit (for explicit ones see protection against revenge porn).

Social media photos made public by mistake

• Your profile was set to private.
• Because of a bug or an error, the photos became public.
• Google indexed them before you noticed.

Photos that, as a rule, cannot be delisted

Public figures in public settings

• Politicians and celebrities: photos from public events, conferences, demonstrations, where the public interest prevails.
• Exception: photos of their private life published without consent can be delisted.

Press photos of public interest

• Reportage on significant events.
• Historical documentation.
• Relevant current news.

Professional photos published with your consent

• A professional portfolio you published voluntarily.
• Company photos taken with your consent.
• Authorised promotional material.