Google 'Right to Be Forgotten' Case Lost, Must Delist Man's Crime

Judge to give ruling on Google ‘right-to-be-forgotten’ case

The same judge who sided with the other businessman ruled in favor of Google in this latter case, particularly because the former's case was less serious and he had, in the opinion of the judge, reformed and shown remorse. He served a six-month prison sentence. He spent four years in jail. The judge also said that there was no "plausible suggestion" that "there is a risk that this wrongdoing will be repeated by the claimant".

Google only deletes information that appears on its own results pages.

The court case ensued when "NT2" requested that Google remove online links to articles containing information about his conviction and the company refused him.

The other businessman, known as NT1, who lost his case, was convicted more than 10 years ago of conspiring to account falsely. He remains in business, and the information serves the goal of minimising the risk that he will continue to mislead, as he has in the past.

The case has divided opinion with some championing the privacy of individuals, while others fear the erasure of the public record that will make it harder to uncover evidence of wrong-doing.

"The crime and punishment information [about him] has become out of date, irrelevant and of no sufficient legitimate interest to users of Google search to justify its continued availability", the judge said.

Search engine firms can reject applications if they believe the public interest in accessing the information outweighs a right to privacy. We are pleased that the court recognised our efforts in this area, and we will respect the judgments they have made in this case.

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The case has been hailed a landmark, and one that will set a legal precedent.

Commenting on Friday's decision, Jim Killock, executive director of the Open Rights Group said: "The right to be forgotten is meant to apply to information that is no longer relevant but disproportionately impacts a person".

The balance may depend, the ECJ ruled "on the nature of the information in question and its sensitivity for the data subject's private life and on the interest of the public in having that information, an interest which may vary, in particular, according to the role played by the data subject in public life".

Google contested the two claims, which were heard in separate High Court trials in London. "They may have to weigh the seriousness of crimes and the convict's willingness to reform", the site said.

Some 669,355 requests for links to be removed from the search engine results have been made to Google since the ruling.

The "right to be forgotten" is based on the premise that outdated information about people should be removed from the internet after a certain time, following a European court decision. Some free speech advocates have argued that could infringe upon the U.S. Constitution.

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