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ARTICLE · 20 APRIL 2018

Jon Baines Comments On The First 'Right To Be Forgotten' High Court Judgment

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The High Court has today (13 April 2018) handed down judgment in an important case involving Google and "the right to be forgotten", and ruled that Google ...

United KingdomPrivacy
Jon Baines
Jon Baines

The High Court has today (13 April 2018) handed down judgment in an important case involving Google and "the right to be forgotten", and ruled that Google is not required to delist search results relating to the spent conviction of one of the claimants (identified only by the pseudonym "NT1") but in the other case ("NT2"), it is. The claims were brought on the basis that Google was in breach of its obligations under the Data Protection Act 1998 (DPA) and that its actions amounted to the tort of misuse of private information.

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 Court of Justice of the European Union (CJEU) 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

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