MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC after NT1 took control of it. I do not accept the claimant’s case that in this period others were doing the dirty work, without his knowledge or involvement, whilst he tried to clean up behind the scenes. An important element here is of course the undertakings he gave, and my assessment of their significance and the claimant’s evidence about them. I also see force in Mr White’s point, that I should draw an adverse inference against the claimant from his repeated failures over the years to take the opportunity to challenge allegations made against him. He made no representations to the regulator, despite the gravity of the steps being taken or threatened, he put in no evidence in response to the serious allegations made in the winding-up proceedings, he elected to remain silent at his criminal trial, and in response to the Revenue. 94. In the words of the Working Party’s commentary, NT1 has failed to “provide … all the information needed to establish the data are evidently inaccurate.” The Privacy Issues (1) 95. The Exemption Issue The domestic provision relied on by Google is the so-called “Journalism exemption” contained in DPA s 32. The exemption in fact applies to processing for what are called the “special purposes”, which is a rather broader notion encompassing “journalism, literature and art”. An exemption in respect of data processed for these purposes is authorised by Article 9 of the DP Directive, which is headed “Processing of personal data and freedom of expression”, and provides as follows: “Member States shall provide for exemptions or derogations from the provisions of this Chapter, Chapter IV and Chapter VI for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression only if they are necessary to reconcile the right to privacy with the rules governing freedom of expression.” 96. Section 32(1) of the DPA provides that:“Personal data which are processed only for the special purposes are exempt from any provision to which this subsection relates if (a) the processing is undertaken with a view to the publication by any person of any journalistic, literary or artistic material, (b) the data controller reasonably believes that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and (c) the data controller reasonably believes that, in all the circumstances, compliance with that provision is incompatible with the special purposes.” 97. The provisions to which s 32(1) relates – that is, the requirements from which exemption may be claimed – include all the data protection principles with which this

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