MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC legal effect on the entry into force of the Lisbon Treaty on 1 December 2009. Member States are required to act compatibly with the Charter when implementing EU law: Rugby Football Union v Viagogo Ltd [2012] UKSC 55 [2012] 1 WLR 3333 [26-28]. This means, among other things, that the DP Directive must be interpreted and applied in conformity with the Charter rights: Lindqvist v Aklagarkammaren I Jonkoping (C-101/01) November 6, 2003 [87]. (9) The May 2014 decision of the CJEU in Google Spain SL & another v Agencia Espanola de Proteccion de Datos (AEPD) and another Case C-131/12 [2014] QB 1022 (“Google Spain”), in which the CJEU interpreted the DP Directive and the Charter as creating a qualified right to be forgotten. The Court went on to apply that right to the facts before it, by holding that the individual complainant was entitled to have Google de-list information of which he complained. It is this decision that prompted the original complaints by NT1 and NT2, and hundreds of thousands of other de-listing requests. Google’s evidence, contained in a “Transparency Report” is that between the Google Spain decision and 4 October 2017 – a period of some 3 �� years - it had been asked to de-list almost 1.9m links or URLs (Universal Resource Locators). (10) Regulation (EU) 2016/679, aka the General Data Protection Regulation (“the GDPR”). This is a legislative measure of the EU enacted on 27 April 2016, with the stated purposes among others of “strengthening and setting out in detail the rights of data subjects and the obligations of those who process … personal data ...” (Recital (11)). The GDPR came into force on 25 May 2016 and will have direct effect in Member States, including the UK, from 25 May 2018. Article 17 of the GDPR is headed “Right to erasure (‘right to be forgotten’)” and is relied on by Google as a “setting out in detail” of the right, which should guide my decision. 14. Some of these points, and their relevance, need further explanation at this stage. The 1974 Act 15. This was an Act “to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years.” Section 1(1) provides that in certain events a person who has been convicted of an offence “shall for the purposes of this Act be treated as a rehabilitated person in respect of the … conviction and that conviction shall for those purposes be treated as spent.” The provisions as to when those consequences follow are reasonably complex, but for present purposes it is enough to say that the key conditions are that the sentence imposed is not one which is excluded from rehabilitation under the Act; that the offender has served the sentence; and that the “rehabilitation period” that applies to the sentence has expired without the offender having another sentence passed upon him which is excluded from rehabilitation. 16. The rehabilitation periods that apply are set out in s 5 of the Act. With one immaterial exception they depend on the length of the sentence, and take effect from the end of the sentence. The scheme does not depend in any way on the nature of the offence for which the sentence was imposed. It does depend on the age of the offender; rehabilitation periods for most custodial sentences are halved for those under 18. The scheme has been modified from time to time, and differs as between England &

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