8
role in public life and thus the crime and its punishment could
not be considered of a private nature. In contrast, the Court
upheld NT2’s delisting claim with the reasoning that his crime
did not involve dishonesty. His punishment had been based on
a plea of guilt, and information about the crime and its
punishment had become out of date, irrelevant and of no
sufficient legitimate interest to users of Google to justify its
continued availability.3
8.In the case of Google Spain SL & another v. Agencia
Espanola de Protection de Datos (AEPD) and another4 the
European Court of Justice ruled that the European citizens
have a right to request that commercial search engines, such
as Google, that gather personal information for profit should
remove links to private information when asked, provided the
information is no longer relevant. The Court in that case ruled
that the fundamental right to privacy is greater than the
economic interest of the commercial firm and, in some
circumstances; the same would even override the public
interest in access to information. The European Court in the
aforesaid case had affirmed the judgment of the Spanish Data
3Para
223 of Judgment
QB 1022
4C-131/12[2014]