Google loses 'right to be forgotten' case

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Mr Justice Warby has analysed issues at two High Court trials in London.

The judge said he'd also taken the nature of the man's conviction into consideration, as well as his demonstrated "remorse" for the crime.

A High Court judge agreed, in a major blow to Google, who had fought the case. He similarly petitioned Google to remove search results about a crime he had committed, for which he served four years in jail.

The European Court of Justice (ECJ) ruled in 2014 that search engines must remove the links to search results if it contains information an individuals believes should be "forgotten", which the engine must then assess balanced between the interest of internet users and the privacy rights of the citizen.

But he rejected a separate claim made by another businessman who had committed a more serious crime.

Both businessmen, who can not be named for legal reasons, were convicted of crimes many years ago.

"Spent convictions are rather different".

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Their claims were based, he said, on the "right to be forgotten", or "more accurately" the right to have personal information "delisted" or "de-indexed" by the operators of internet search engines.

As reported at the Guardian, the businessman who won was sentenced to six months' imprisonment for "conspiracy to carry out surveillance" and a judge ruled an "appropriate delisting order should be made" in this case. He complained of links to 11 source publications.

"He remains in business, and the information serves the goal of minimizing the risk that he will continue to mislead, as he has in the past", Warby said of NT1.

Google had refused to remove the links, leading NT2 and another man known as NT1 to take the company to court.

There is no evidence of any risk of repetition.

NT1 was given permission to appeal after losing his case. Weighing such factors in a Right to be Forgotten case in such a manner seems to be potentially precedent setting, and could have significant implications for other convicted criminals in Europe who seek to have stories about their misdeeds erased from search results.

He remains in business, and the information serves the objective of minimising the risk that he will continue to mislead, as he has in the past. The company's representative, Antony White QC, said that the ruling was "not a right to rewrite history or. tailor your past if that's what this claimant would like to use it for". In those circumstances, "the public interest in having information with his name about this case doesn't prevail".

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