dissemination of the information concerned is prejudicial to the
data subject. In this regard, Article 17 of the GDPR explicitly
recognises certain exceptions where retention of the data is
necessary for exercising the right of freedom of expression and
information.
23. In view of the above, the validity of a delisting request should
be determined by striking a fair balance between the legitimate
interest of Internet users potentially interested in havins access
to the information, and the data subject,s fundamental risht to
I rivacy and data protection.
24. As far as your case is concerned, having made reference to NT1
& NT2 v Google LLC [2018] EWHC 799 (QB) and carefully
considered the circumstances of the case, and in particular the
following, we are of the view that the right to be forgotten would
not be applicable, and non-erasure or retention of the data posted
through the Links can be reasonably justified:
(a) The information on your arrest published through the
Links relates to one or more of the suspected criminal
offences, such as participating in an unauthorised assembly
and obstructing police officers in the due execution of their
duties. Such information may be sensitive in nature, but it is
not intrinsically private in nature.
(b) The fact that the information on your arrest was widely
reported by the press should fall within your reasonable
10
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