The Right to Be Forgotten: English High Court Details When Google Must Delist Links to Crimes

Information about a person’s criminal history remains online long after many serve their time. But in what circumstances must a search engine comply with an individual’s demand to delist those links? That was the central question in the closely watched case of NT1 & NT2 v. Google LLC, the first consideration of the “right to be forgotten” by English courts. Decided on the cusp of the GDPR’s effective date, the High Court used a balancing test from the E.U.’s 2014 Google Spain case. Kelly Hagedorn, a partner in Jenner & Block’s London office, told Cybersecurity Law Report that the decision was “a very carefully reasoned judgment” that, even in the new regime of the GDPR, would be “a useful reference point for those considering the balancing of the right to erasure and the right to freedom of speech.” See “The GDPR’s Data Subject Rights and Why They Matter” (Feb. 28, 2018).

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