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Jane Phillips

Jane Phillips
Call: 1989

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NT1 and NT2 v Google LLC [2018] EWHC 799 (QB)


Judgment was handed down today in the first two “right to be forgotten” claims against Google LLC to be brought in England and Wales. Both claimants sought orders for the removal of Google search results which linked to information about their “spent” criminal convictions. They also sought compensation under the Data Protection Act 1998 (DPA) and damages for misuse of private information. 

Warby J rejected NT1’s claim, but in NT2’s claim he made an order to “delist” search results. NT2’s claim of inaccuracy in respect of one of the links, to a national newspaper report, was upheld. The Judge found in respect of other links that “the crime and punishment information has become out of date, irrelevant and of no sufficient legitimate interest to users of Google Search”. NT2 was also successful in his claim for misuse of private information.  

Warby J declined to make any award of compensation or damages to NT2. Following the CJEU’s decision in Google Spain, Google had engaged in “an enterprise...committed to compliance with the relevant requirements” and, in the current legal climate, “it would be harsh to say it had failed to take reasonable care to do so”. Google was therefore entitled to the defence under section 13(3) of the DPA, and for similar reasons, no damages were payable for misuse of private information. 

The judgment is available here. A One Brick Court case note will be published in due course.


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