MR JUSTICE WARBY Approved Judgment 33. NT1 & NT2 v Google LLC It is worthy of note that the Court drew distinctions between the processing of information for journalistic purposes on the one hand, and its processing by ISEs on the other, suggesting that the rights of data subjects will vary accordingly. The following features of the Court’s reasoning are important: (1) The impact of processing by an ISE will tend to have a more significant impact on the privacy and data protection rights of individuals than other forms of processing. Such processing “… is liable to affect significantly the fundamental rights to privacy and to the protection of personal data when the search by means of that engine is carried out on the basis of an individual's name, since that processing enables any Internet user to obtain through the list of results a structured overview of the information relating to that individual that can be found on the Internet—information which potentially concerns a vast number of aspects of his private life and which, without the search engine, could not have been interconnected or could have been only with great difficulty—and thereby to establish a more or less detailed profile of him. Furthermore, the effect of the interference with those rights of the data subject is heightened on account of the important role played by the Internet and search engines in modern society, which render the information contained in such a list of results ubiquitous: see to this effect eDate Advertising GmbH v X (Joined Cases C-509/09 and C-161/10) [2012] QB 654; [2011] ECR I-10269, para 45” ([80]).” (2) ISEs did not appear to the Court to be processing information “solely for journalistic purposes”, so as to benefit from the privileges enjoyed by the latter: “… the processing by the publisher of a web page consisting in the publication of information relating to an individual may, in some circumstances, be carried out ‘solely for journalistic purposes’ and thus benefit, by virtue of Article 9 of Directive 95/46, from derogations from the requirements laid down by the directive, whereas that does not appear to be so in the case of the processing carried out by the operator of a search engine. It cannot therefore be ruled out that in certain circumstances the data subject is capable of exercising the rights referred to in Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46 against that operator but not against the publisher of the web page”. ([85] emphasis added). (3) A delisting request relating may therefore be made, and upheld, in respect of “links to web pages published lawfully by third parties and containing true information in relation to him personally …” if the inclusion of those links in the list of search results returned by the ISE nonetheless

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