- Complex interplay of principles in the ‘Right to be Forgotten’ (NT 1 and another v Google LLC (Information Commissioner intervening))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Information Law analysis: In this decision, the court considered the factors at play in considering applications seeking de-listing under the ‘right to be forgotten’, including a detailed legal analysis of the relevant statutory and common law provisions and the systematic approach to be taken to performing the necessary balancing exercise. The fact that a conviction may be spent is only one factor, and may not be the decisive factor. Cases may also be heavily fact-dependent, as illustrated here where different factual circumstances led to divergent results in what were otherwise similar cases. Written by Iain G. Mitchell QC (Scotland), barrister at Tanfield Chambers.
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