MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); (d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or (e) for the establishment, exercise or defence of legal claims.” Misuse of private information 42. The second cause of action relied on in these cases is misuse of private information. As appears from, among other cases, Campbell, McKennitt v Ash [2006] EWCA Civ 1714 [2008] QB 73 [11] and Vidal-Hall, this is a tort which emerged from the equitable wrong of breach of confidence under the influence of the HRA, and has two essential ingredients: (1) the claimant must enjoy a reasonable expectation of privacy in respect of the information in question; if that is established, the second question arises (2) in all the circumstances, must the Article 8 rights of the individual yield to the right of freedom of expression conferred on the publisher by article 10? The latter inquiry is commonly referred to as the balancing exercise. It falls to be undertaken in the way set out by Lord Steyn in Re S at [17]: “First, neither article has as such precedence over the other. Secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary. Thirdly, the justifications for interfering with or restricting each right must be taken into account. Finally, the proportionality test must be applied to each. For convenience I will call this the ultimate balancing test.” 43. The authorities provide numerous illustrations of this balancing process, which is of course highly fact-sensitive. The relationship between the laws of misuse of private information and data protection has been discussed on occasion. They are often considered to lead to the same conclusion, for much the same reasons: see, for instance, the Campbell v MGN Ltd litigation, Murray v Express Newspapers plc [2007] EWHC 1908 (Ch) [2008] EMLR 22; but this is not always so: see Mosley v Google Inc [2015] EWHC 59 (QB) [2015] EMLR 11 [8]-[9] (Mitting J). In this case, it is agreed that both deserve consideration.