MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC This wording falls to be interpreted and applied in the light of the corresponding Article of the DP Directive, Article 14, which requires Member States to grant data subjects the right to object to what may otherwise be lawful processing “on compelling legitimate grounds relating to his particular situation”, and provides that “Where there is a justified objection, the processing … may no longer involve those data.” 28. Section 14 of the DPA provides: “Rectification, blocking, erasure and destruction (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.” Neither of the claimants has claimed “rectification” of any of the data, only its blocking or erasure. 29. The wording of s 14 would seem to be narrower in scope than that of the corresponding Article of the DP Directive. Article 12(b) requires Member States to guarantee every data subject the right to obtain “as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data” (emphasis added). But any discrepancy appears to be immaterial for present purposes, as Google takes no point on it. 30. The claimants’ claim for compensation relies on s 13 of the DPA, which provides: “13. Compensation for failure to comply with certain requirements (1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage. (2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if— (a) the individual also suffers damage by reason of the contravention, or (b) the contravention relates to the processing of personal data for the special purposes. (3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in

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