The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated as a data controller but objected on the grounds that the E-Commerce directive conflicted with the Data Protection rules requiring it to have the freedom to deliver its services.
Held: The defendant’s application that the claim be struck out failed. It could not be said that it had no prospect of success.
Mitting J
[2015] EWHC 59 (QB), [2015] EMLR 11
Bailii
Data Protection Act 1998 10 13 14, Directive 2000/31/EC
England and Wales
Citing:
Cited – L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited ECJ 12-Jul-2011
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – . .
Cited – Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM) ECJ 24-Nov-2011
ECJ Judgment – Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing . .
Cited – Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .
Cited by:
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.
Information, European, News
Updated: 31 October 2021; Ref: scu.542202
