89.
As a result, Google Spain and Google Inc. brought actions before
the Spanish National High Court and claimed that the AEPD,s decision
should be annulled.
The Spanish National High Court then referred
questions to the Court of Justice of the European Union. The Court of
Justice of the European Union, inter alia, laid down a general principle that
if,following a search made on the basis of a person,s name, the list of
results displays a link to a web page which contains information on the
person in question, that data subject may approach the operator directly
and, where the operator does not grant his request, bring the matter before
the competent authorities in order to obtain, under certain conditions, the
removal of that link from the list of results.
90.
In NT1 & NT2 v Goosle LLC [2019] QB 344, the two claimants
sought, inter alia orders for the removal of details of their offending,
,
convictions and sentences from Google search results, on the basis that the
information, in particular concerning their spent convictions, was old, out
of date, irrelevant, of no public interest and/or otherwise an illegitimate
interference with their data protection and/or privacy rights. The Queen's
Bench Division of the English High Court of Justice applied part II (titled
“list
"
of common criteria ( the Criteria")ybr the handling of complaints by
European data protection authorities") of the Guidelines on the
Implementation of \Goosle Spain], adopted on 26 November 2014 by a
working party established under the EU Directive. The Criteria are as
follows (see also “comments" in part II,which provide guidance on the
application of the Criteria):
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