MR JUSTICE WARBY
Approved Judgment
NT1 & NT2 v Google LLC
result, domestic law has since 1973 been subject to European Union law as
contained in Directives and, later on, Regulations of the EU as interpreted by the
European Court of Justice, now known as the Court of Justice of the European
Union (“CJEU”). Section 3 of the 1972 Act requires UK courts to make decisions
on matters of EU law “in accordance with … any relevant decision of the
[CJEU]…”.
(3) The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) which provides by ss
1, 4 and 5 that some convictions become “spent” after the end of a specified
rehabilitation period. Whether a conviction becomes spent and if so when
depends on the length of the sentence. The 1974 Act contains provisions
specifying the legal effects of a conviction becoming spent. Those effects are
subject to certain specified exceptions and limitations.
(4) Directive 95/46 EC on the protection of individuals with regard to the processing
of personal data and on the free movement of such data, of 24 October 1995, aka
the Data Protection Directive (or “the DP Directive”). The purposes of the DP
Directive included safeguarding individuals’ fundamental rights and freedoms,
notably the right to privacy, to an equivalent extent within the Member States of
the EU. Provisions of particular relevance are contained in Articles 2, 6, 8, 9, 12,
14, 23 and 29.
(5) The Data Protection Act 1998 (“the DPA”), enacted on 16 July 1998 in order to
implement the DP Directive. Of particular relevance are DPA ss 1, 2, 4, 10, 13, 14
and 32; the first, fourth, sixth and seventh Data Protection Principles in Schedule
1; Schedule 2 paragraph 6; Schedule 3 paragraphs 5, 6(c) and 7A; and paragraph 3
of the Schedule to certain regulations made under DPA s 10, namely the Data
Protection (Processing of Sensitive Personal Data) Order 2000 (SI 2000/417) (“the
2000 Order”).
(6) The Human Rights Act 1998 (“the HRA”), enacted on 9 November 1998, by
which the rights and freedoms enshrined in the Convention became directly
enforceable before the Courts of the the United Kingdom. Sections 2 and 6 of the
HRA impose on the Court duties to interpret and apply domestic legislation in
accordance with the Convention Rights, and not to act incompatibly with the
Convention.
(7) The 2004 decisions of the House of Lords in Campbell v MGN Ltd [2004] UKHL
22 [2004] 2 AC 457 (“Campbell”) and In re S (A Child) [2004] UKHL 47 [2005]
1 AC 593 (“Re S”), in which the House recognised the development, under the
influence of the HRA, of a common law right to protection against the misuse of
private information, and established the methodology to be adopted in reconciling
the competing demands of Articles 8 and 10 of the Convention.
(8) The Charter of Fundamental Rights of the European Union 2000/C 364/01 (“the
Charter”), by which the EU recognised and sought to strengthen the protection for
certain fundamental rights resulting from the Convention and from constitutional
instruments of the EU. Of relevance are Articles 7 (respect for private life), 8
(protection of personal data), 11 (freedom of expression and information) 16
(freedom to conduct a business) and 47 (right to an effective remedy). The Charter
was proclaimed by the European Parliament in December 2000, but only took full