MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC “appears, having regard to all the circumstances of the case, to be inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes of the processing at issue carried out by the operator of the search engine” ([94], emphasis added). (4) A delisting request should be assessed by reference to the circumstances which obtain at the time when the request is made: [94], [96]. 34. The Court held that the seriousness of the potential effects of listing by an ISE meant that it “cannot be justified by merely the economic interest which the operator of such an engine has in that processing”. That was a reference to Google’s rights under Article 16 of the Charter. The validity of a delisting request should be determined, said the Court, by striking “a fair balance” between “the legitimate interest of internet users potentially interested in having access” to the information and “the data subject's fundamental rights under articles 7 and 8 of the Charter”: [81]. At [81], and again at [97], the Court observed that the latter rights would “as a general rule” override not only “the economic interest of the operator of the search engine but also the interest of the general public in finding that information on a search relating to the data subject’s name”. Whether it did so in an individual case would depend however on such factors as “the nature of the information in question and its sensitivity for the data subject’s private life and on the interest of the public in having that information, an interest which may vary, in particular, according to the role played by the data subject in public life… ”. That role might be a reason for concluding “that the interference with his fundamental rights is justified by the preponderant interest of the general public in having, on account of inclusion in the list of results, access to the information in question.” 35. The information complained of in Google Spain had initially been published 16 years earlier, and was drawn from the on-line archives of a part of the newspaper containing official announcements. On the facts, the CJEU held that having regard to the sensitivity of the data, and since there did not appear to be “particular reasons substantiating a preponderant interest of the public” in having access to that information “in the context of such a search”, Articles 12 and 14 of the DP Directive required the removal of the links from the list of results: [98]. The Article 29 Working Party Guidelines 36. Article 29 of the DP Directive established a Working Party on the Protection of Individuals with regard to the Processing of Personal Data (“the Working Party”). Its membership includes a representative from the regulatory authority of each Member State. The functions of the Working Party are described in Articles 29 and 30 of the DP Directive and Article 15 of Directive 2002/58/EC. In summary, it is empowered to examine and make recommendations on matters relating to data protection in the EU, and has “advisory status”. On 26 November 2014 the Working Party adopted and published “Guidelines on the Implementation of [Google Spain]”. The document falls into three parts: An Executive Summary; Part I entitled “Interpretation of the CJEU Judgment”; and Part II, entitled “List of common criteria for the handling of complaints by European data protection authorities”. I have considered all three parts of the Guidelines document.

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