MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC exemption might be available to it. It certainly did not suggest this in the Google Spain case. Google’s reliance on s 32 would therefore have failed at the s 32(1)(b) stage in any event. (2) The Structure Issue 103. There are three competing arguments on this question. Mr Tomlinson submits that the Google Spain balance falls to be struck at the remedial stage, after a conclusion has been reached on liability. Mr White argues that I should adopt a staged approach, deciding first whether there is a prima facie obligation to the erasure of personal data and then, if so, considering whether the obligation is avoided because the processing is necessary for the exercise of the right of freedom of expression. He submits that “the lack of a lawful basis for the processing of sensitive personal data merely gives rise to the qualified right to be forgotten”. Mr White relies on the structure of Article 17 of the GDPR, which he submits is in this respect a “setting out” of the law as declared by the CJEU in Google Spain, and should be applied by this Court. The ICO rejects both these approaches as both wrong and unprincipled. She contends that the issue is a straightforward question of liability, which calls for a decision on whether Google has complied with its duties under the DPA, as interpreted in the light of the DP Directive and the Charter. She argues, however, that for this purpose the requirement of the First Principle, that the processing comply with at least one condition in Schedule 3, should be disapplied, if the circumstances are such that, on an application of the Google Spain criteria, the balance tips against delisting. The basis for disapplication would be the same as that adopted by the Court of Appeal in Vidal-Hall ([32] above). 104. The existence of this last-mentioned argument betrays the fact that the various approaches adopted by the parties are all at least partly driven by a view (on the part of the ICO and the claimants) and/or a concern (on the part of Google) that on a straightforward application of the DPA and/or the DP Directive Google is, or may be, unable to demonstrate that any Schedule 3 condition is met. On the face of it, that would lead inevitably to a conclusion that it is in breach of statutory duty. All agree that this is not a tenable approach; the reasoning process involved would be too mechanistic to be compatible with the requirements of the Charter and the Convention. It would afford no recognition to the fact, acknowledged by the CJEU in Google Spain, that there may be free speech justifications for disclosing sensitive personal information, even if the data subject does not consent. 105. These are not easy questions. Now that I have resolved the Exemption Issue against Google, I am not sure that the answers matter, either for this case or more generally. Everyone agrees that I must address the Google Spain balancing exercise at some point, with due regard to the Working Party criteria. And this case is being determined in the twilight of the DP Directive regime, with the first light of the GDPR already visible on the horizon. It seems unlikely that my decision will have an impact on other cases. In deference to the arguments, and recognising that this case may be considered by another court, I will nonetheless state my conclusions, with brief reasons. (1) I reject Mr White’s submission. I am unable to identify any principled basis on which I can use the GDPR as an aid to the interpretation of Google Spain or to the identification of the legal principles that apply to events, some of which occurred before the enactment of the GDPR, and all of which (so far) have