Why Google content spreads quickly

Google Search and Google Images are the discovery layer for nearly every NCII case. Removing the underlying content does not always remove the cached version from Google, and reverse image search can surface mirrors.

New Zealand legal framework

Harmful Digital Communications Act 2015, sections 22 (causing harm by posting digital communication) and 22A (posting intimate visual recording without consent). Section 22A: up to 3 years imprisonment for individuals. Section 22 general offence: up to 2 years.

The civil erasure right under Privacy Act 2020 (right to access and correct, plus information privacy principle 5) is enforceable against Google regardless of where Google processes the data, where the data subject is in New Zealand.

Google removal route

Google accepts NCII removal requests through its dedicated NCII removal form for Search and Images. Approved requests result in URL deindexing from Google Search results within 12 hours typically.

Google's NCII removal form is the most reliable single point of leverage in the open web. Approved removals also propagate to Google's broader index which suppresses discovery across Discover and News surfaces.

Evidence preservation specific to Google

Capture the search query that surfaces the content, the result URL, and any cached or thumbnail versions. Google retains cached snapshots that may persist for weeks after the underlying content is removed.

Five step removal process

  1. 1

    Capture evidence from Google

    Capture the search query that surfaces the content, the result URL, and any cached or thumbnail versions. Google retains cached snapshots that may persist for weeks after the underlying content is removed.

  2. 2

    File Harmful Digital Communications Act 2015 criminal complaint

    Report to local police or national cybercrime unit. Netsafe can assist.

  3. 3

    Submit Privacy Act 2020 (right to access and correct, plus information privacy principle 5) erasure request to Google

    Google accepts NCII removal requests through its dedicated NCII removal form for Search and Images. Approved requests result in URL deindexing from Google Search results within 12 hours typically. The request must identify the URLs and cite the legal basis. Privacy Commissioner accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Google

    Google is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Google be required to remove intimate images of a New Zealand resident?

Yes. Privacy Act 2020 (right to access and correct, plus information privacy principle 5) gives any data subject in New Zealand the right to require erasure. Google operates a dedicated NCII removal portal that processes these requests. Where Google is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Google from New Zealand?

Harmful Digital Communications Act 2015, sections 22 (causing harm by posting digital communication) and 22A (posting intimate visual recording without consent). Section 22A: up to 3 years imprisonment for individuals. Section 22 general offence: up to 2 years.

How does Google verify a New Zealand erasure request?

Google accepts NCII removal requests through its dedicated NCII removal form for Search and Images. Approved requests result in URL deindexing from Google Search results within 12 hours typically. Privacy Commissioner can be petitioned if Google fails to act within the statutory window.

Can the New Zealand regulator force Google to remove content?

Netsafe is the statutory approved agency under the HDCA. The District Court can issue takedown orders under section 19 with binding effect on online content hosts.

What evidence should I capture from Google?

Capture the search query that surfaces the content, the result URL, and any cached or thumbnail versions. Google retains cached snapshots that may persist for weeks after the underlying content is removed.

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