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15 March 2018
Issue: 7785 / Categories: Legal News , Defamation , Data protection
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Waiting to be forgotten

High Court ruling on 'the right to be forgotten' expected

The right to be forgotten principle is being tested in the UK for the first time in two separate High Court trials heard this week and last by Mr Justice Warby.

Both cases, NT1 v Google and NT2 v Google, relate to Google’s refusal to delist search results relating to spent convictions.

The right stems from a 2014 European Court of Justice ruling that a search engine must consider removing links, and may be ordered to do so.  

Iain Wilson, managing partner of Brett Wilson LLP, speaking to LexisNexis Legal Analysis, said: ‘The term “right to be forgotten” is somewhat misleading because there is no absolute right—the court will have to be satisfied that there is no overriding public interest in the search results remaining available.

‘The outcome of the case is eagerly awaited by both practitioners and those seeking to suppress adverse search engine results. Many commentators believe the answer to the question is obvious—Google should be required to delist search results at the point when a conviction becomes spent. To allow search results to appear prominently against a person’s name after a conviction becomes spent undermines the purpose and functioning of the Rehabilitation of Offenders Act 1974, it being common practice for prospective employers (or any “interested” party) to undertake a Google search on their subject.’

Wilson said lawyers will be looking for guidance from the courts on the interplay between the right and the General Data Protection Regulation (GDPR). He said the GDPR’s ‘right to erasure’ is not an absolute right as data controllers may continue to process information if necessary for freedom of expression, public interest, public health and other purposes.

Under the GDPR, however, the burden is ‘effectively reversed’, he said, so it will be up to data controllers to demonstrate compelling grounds for keeping the data.

Issue: 7785 / Categories: Legal News , Defamation , Data protection
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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