Google loses 'right to be forgotten' case in the UK
Apr 14 2018 by Kathy Alvarado
The one who won requested Google to remove news reports and other information about a crime he committed ten years ago for which he served six months in jail.
A United Kingdom judge has ordered Google to remove old articles about a businessman's past crime from its search results, dealing a blow to the tech company in its legal battle over Europe's "right to be forgotten" law.
Google had refused the man's request to remove the information about his criminal past, but Warby ruled the demand was reasonable as "the crime and punishment information has become out of date, irrelevant and of no sufficient legitimate interest to users of Google search to justify its continued availability".
Lawyers said the two claims, which were brought under data protection law and for "misuse of private information", were the first of their kind to be aired in England.
They argued their convictions were now legally spent and they had both been rehabilitated. He was jailed for four years for conspiracy to account falsely in the late 1990s (a more serious offense than NT2), but has been granted the right to appeal.
At a high level, it refers to the right of people to either have certain adverse data about them blocked from being Internet accessible, or to have entries removed from search engine results on their names if the information in those entries is outdated or irrelevant. The two linked cases are: NT1 v. Google and NT2 v. Google, High Court of Justice, Queen's Bench Division, Case No.'s HQ15X04128 and HQ15X04127.
In a statement, Google said it "will respect the judgments they have made in this case".
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. He claimed that the information was no longer relevant and that it should be deleted.
Google says it has removed 800,000 pages from its results following so-called "right to be forgotten" requests.
The right to be forgotten is a legal precedent set by the Court of Justice of the European Union in 2014, following a case brought by Spaniard Mario Costeja Gonzalez who had asked Google to remove information about his financial history.
It's a tricky statute because what is relevant is a continually subjective matter, especially considering that what a specific individual might not want on the internet about themselves might well be in the public interest. Now, the unnamed plaintiff will have his request honored by Google.
Google said it would accept the rulings. The decision stemmed from a Spanish man's attempts to remove old links to his debt problems. The information available online about his past conviction was useful for people who might work with him in the future, the judge added.
"The Court will have to balance the public's right to access the historical record, the precise impacts on the person, and the public interest".