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 &