header-logo header-logo

17 April 2018
Categories: Legal News , Data protection
printer mail-detail

‘Forgotten’ will rise

Lawyers predict increasing numbers of people will ask to be ‘forgotten’, following a High Court ruling on two people’s request to be delisted from Google’s search engine.

Two anonymous individuals claimed Google was in breach of its obligations under the Data Protection Act 1998 and had committed the tort of misuse of private information. In NT1 and NT2 v Google [2018] EWHC 799 (QB), Mr Justice Warby held that Google was not obliged to delist search results relating to the spent conviction of the first claimant, NT1, but that it was obliged to do so for the second, NT2.

The ‘right to be forgotten’—removed from search engine links—stems from a European Court of Justice (ECJ) judgment in 2014, Google Spain SL v Agencia Espanola de Proteccion de Datos (Case C-131/12).

Jon Baines, a data protection advisor at Mishcon de Reya, said the ruling suggests the courts will judge ‘right to be forgotten’ cases on their specific facts and that there is likely to be ‘an increase in the number of successful requests for delisting, as individuals take note of the court's analysis, and assert their strong and potentially enforceable rights to have out-of-date or inaccurate information about them on the internet made more difficult, at least, to find’.

Google has revealed it has received more than 650,000 requests to remove approximately 2.43 million URLs from its index since 2014 and has complied with 43% of them.

Baines said: ‘Although the forthcoming General Data Protection Regulation (GDPR) codifies a qualified “right to erasure”, it is often overlooked that the same right exists under the current law, at least since the judgment of the European Court of Justice in the 2014 "Google Spain" case.

‘Despite this, there has been relatively little litigation thus far, and the NT1 and NT2 cases were the first going to full trial to be ruled on in the High Court. Mr Justice Warby—after first holding that Google could not rely on the very broad “journalism exemption” in the Data Protection Act 1998—followed the ECJ's approach in Google Spain, balancing the fundamental rights to protection of personal data with the rights of freedom of expression and freedom of information.

‘On the facts, this led to the two different outcomes.’

Categories: Legal News , Data protection
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll