MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC (g) the commission or alleged commission by him of any offence, or (h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.” The claimants each contend that by returning against an internet search of his name the URLs complained of Google is and has been making available to internet users the information contained in the third party publications and thereby processing the claimant’s personal data, some or all of which is sensitive personal data within the categories set out above. The claimants contend that the processing has been carried on by Google in breach of the duty imposed by DPA s 4(4), because it is noncompliant with one or more of the six data protection principles cited above. The claimants’ case is that in breach of these principles the information returned by Google is in some respects inaccurate, and in any event “way out of date and … being maintained for far longer than is necessary for any conceivable legitimate purpose …”. 25. Google denies the allegations of breach in any event, but it relies on a carve-out from the duty imposed by DPA s 4(4). As already noted, that duty is expressed to be “subject to s 27(1)”. Section 27(1) provides that “References in any of the data protection principles or any provision of Parts II and III [of the Act] to personal data or to the processing of personal data do not include references to data or processing which by virtue of [Part III of the DPA] are exempt from that principle or other provision.” One set of exemptions provided for in Part III is to be found in s 32, headed “Journalism, literature and art”. Those three activities are defined in DPA s 2 as “the special purposes”. I shall refer to s 32 as “the Journalism Exemption”. Google’s right to rely on the Journalism Exemption is contested by the claimants, and the ICO. 26. The claimants each seek three remedies: an order for the blocking and/or erasure by Google of their personal data, an injunction to prevent its further processing, and damages. 27. The claims for blocking and/or erasure rely on DPA ss 10 and 14. Section 10 gives data subjects a right to object to processing that is likely to cause damage or distress and a corresponding right, if the data controller does not stop the processing complained of, to seek a Court order prohibiting such processing. At one stage, Google was contending that NT1’s “section 10(1) notice” was non-compliant with the statute, but Mr White has not in the end pressed that point so it is sufficient to set out the provisions relating to the Court’s powers, which are contained in s 10(4): “If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit” (emphasis added).

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