Issue 5. Whether there is breach of DPP 2 and
Section 26 of PDPO?
11
DPP2(1)
DPP2C1)
DPP2(H
No breach. Mo evidence of inaccurate data.
Same as GL and X
Same as GL and X
S 26
Agreed at hearing that there is no breach of
DPP2(1) re inaccurate data.
Agreed at hearing that there is no accurate data therefore
DPP2(1) does not apply.
S 26
S 26
*
.
No breach. Purpose of Google Search is to provide
means and assistance for members of the public to
find information on the internet This purpose has
not been completed or “fulfilled,,,and is still ongoing as long as information is available on the in""
"
.
,
.
Different from GL.
Different from GL. Similar to PC.
ternet.
There is breach.
Issue 6. Whether the “right to be forgotten”
(“RfbF,,〉should be recognized in HK?
12
Right to be forgotten should NOT be recognized in
Different from GL
Same as PC
HK without specific legislative amendment.
Same as X
Different from GL
There is a "right to be forgotten”. Although at
hearing, PC agreed that there is no general right
and can only rely on DPP2 and s.26
Reference: sections i>5-()8 of Appellant%s reply statement
Different from PC and X
Google Spain is applicable in HK,as section 26
and DPP 2 were drafted based on 1995 EU Di-
rective. The question is whether the links in question, should be delisted after considering the 13
criteria set out in the UK case of NT1 & NT2.
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