“The ‘right to be forgotten’ was established in the CJEU’s 2014 ‘Google Spain’ ruling. It applies to information which is no longer relevant or in the public interest, but which disproportionately impacts on the individual. In addition to requiring a balance of Article 8 (the right to private life) and Article 10 (the right to freedom of expression) of the ECHR, three further Charter rights were in play: the protection of personal data, the freedom to conduct a business, and the right to an effective remedy.”
Image Credit: Guardian.
NT 1 & NT 2 v Google LLC:A businessman has succeeded in a landmark ‘right to be forgotten’ action against Google, resulting in an order for the de-listing of search results relating to his spent conviction. Warby J heard the cases of two anonymous businessmen (NT1 and NT2), both with spent convictions, and upheld the latter’s claim. Each made further claims of misuse of private information: again, NT2’s claim was found to succeed.
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