Brave Search is a product of Brave Software Inc, based in the U.S. Brave Software Inc is the maker of the Brave Browser.
Like other search engines, Brave Search has a web crawler to discover new web pages and index their content. The index we create is independent of other search engines. Brave Search results are served solely from this index.
Brave Search and the underlying search index serve the legitimate interests of internet users in gaining access to information on the web. To the extent that the indexing of web pages involves the processing of personal data, Brave, as a controller of the index, relies on legitimate interests as a legal basis under Article 6(1)(f) of the EU “General Data Protection Regulation” (GDPR), and other applicable data protection laws.
Right to be Forgotten and the Right to Object - delisting web pages containing personal data about you. An introduction.
The “right to be forgotten” (RTBF) was established in a 2014 ruling by the Court of Justice of the EU. The Court ruled that the then EU data protection law gave individuals the right to ask search engines to delist search results that are returned when searching on an individual’s name(s). A right to be forgotten is now expressly enshrined in laws such as the GDPR (Article 17).
The right to be forgotten is not an absolute right, however. When receiving a RTBF request from individuals, a search engine must consider if the personal data returned in a search query is “inaccurate, inadequate, irrelevant or excessive.” A search engine will also need to consider if there is any public interest in the information being available in search results (such as whether the information has been made public to meet a legal obligation of the publisher).
When reviewing a RTBF request we consider a range of criteria and regulatory guidance, such as that issued by the European Data Protection Board and the UK Information Commissioner’s Office. This includes whether:
- you play a role in public life
- the information relates to your working or private life
- the search result relates to a person under the age of 18
- the data are factually inaccurate
- the data are having a negative impact on your life
- the information 'constitutes hate speech, slander, libel or similar offences in the area of expression against him or her pursuant to a court order
- the result puts the individual at risk’
- the information has been made public to meet a legal obligation faced by the publisher
- the data is "sensitive personal data’ such as about a person’s health or about criminal offences
This is not an exhaustive list of criteria.
The GDPR (Article 17.1.c and Article 21.1) also gives individuals the right to object to the processing of personal data based on grounds relating to an individual’s particular situation. In the context of search engines, the RTBF and the Right to Object are given effect through the delisting of URLs returned in search results and that reveal personal data. Requests are considered in relation to criteria above, established by the CJEU and data protection regulators.
Brave applies the RTBF and Right to Object globally, subject to applicable local law.
Some first steps you may consider prior to making a RTBF or Right to Object request
Web crawlers regularly revisit web pages and update their search indexes. A good first step to prevent your personal data from being available in search results is to ask a website to remove it, otherwise it could be reindexed at some point. Or if it’s your website you could update inaccurate personal data, or remove it or indicate that you do not want a web crawler to index your site or specific web page (see below). Also, if your personal data is on a social media platform you could apply any available privacy controls to help keep the data private and not publicly available.
Making a RTBF or Right to Object Request
If you do find that a Brave Search result contains personal data about you and that you wish to have it delisted, you can send an email to privacy@brave.com (using "RTBF request’ in the subject header of the email) and confirm:
- the full name(s) used to perform a search on search.brave.com
- how the specific content relates to you
- your name if making the request for yourself or the name of the person you are representing and their contact email address
- the URL (website address) for each result you wish to have delisted from Brave’s search index
- whether the URL you want delisting contains personal data that is inaccurate, inadequate, irrelevant or excessive, or is otherwise negatively impacting your privacy
We may ask you for proof of your identity if necessary. But please do not send proof of your identity unless we request it.
Where we agree to delist a search result, please note that it can take up to 30 days for a request to complete.
Searching on Brave Search
As per the Brave Search Privacy Notice that applies to the searches you make, Brave Search is designed to be private by default. We don’t collect personal information about you, your device or your searches. We also don’t transmit information to the web that could be used to profile you or track you or learn anything about you. Your searches are private to YOU.
Contacting Brave about your privacy
You can contact our data protection officer and the rest of our privacy team at privacy@brave.com.
For individuals in the EU, Brave has appointed an EU nominated representative and which you may contact if you would prefer not to contact Brave directly:
Brave EU Nominated Representative Care of Castlebridge Unit 7, 12 Mountjoy Square, Dublin 1 Ireland
Email: brave@gdprnomrep.eu
Enquiries submitted to Brave’s EU nominated representative will be answered by Brave’s Data Protection officer from privacy@brave.com.
If you’re in the European Union, and you are unhappy with our response to the exercise of your rights, you have the right to complain to your local data protection authority (though everyone should have this right).