NT 1 & Anor v Google LLC (Rev 2) [2018] EWHC 261 (QB) (15 February 2018)

NT 1 & Anor v Google LLC (Rev 2) [2018] EWHC 261 (QB) (15 February 2018)

The court approved reporting restrictions and anonymity orders to prevent the identification of the claimants in connection with these proceedings, finding such measures necessary and proportionate to protect their privacy and data protection rights, and to avoid defeating the purpose of the claims. The orders are justified by the need to balance open justice with the claimants' rights, and are supported by statutory and inherent powers. The Information Commissioner is permitted to intervene due to the general importance of the issues.

Citation
[2018] EWHC 261 (QB)
Parties
Claimant: NT 1; Claimant: NT 2; Defendant: Google LLC; Intervenor: The Information Commissioner; Third Party: Guardian News and Media Ltd; Third Party: Times Newspapers Ltd; Third Party: Telegraph Media Group Ltd; Third Party: Associated Newspapers Ltd; Third Party: News Group Newspapers Ltd; Third Party: British Broadcasting Corporation; Third Party: The Press Association
Jurisdiction
England and Wales
Judgment Date
15 February 2018
Procedural Posture
Civil / Pre Trial Review
Outcome
Reporting restrictions and anonymity orders granted; Information Commissioner permitted to intervene.
Legal Topics
Right to Be Forgotten, Anonymity Orders, Reporting Restrictions, Open Justice, Spent Convictions, Freedom of Expression
Data Protection Privacy Media Law Human Rights Right to Be Forgotten Anonymity Orders Reporting Restrictions Open Justice +2 more

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Parties

NT 1

Claimant

NT 2

Claimant

Google LLC

Defendant

The Information Commissioner

Intervenor

Guardian News and Media Ltd

Third Party

Times Newspapers Ltd

Third Party

Telegraph Media Group Ltd

Third Party

Associated Newspapers Ltd

Third Party

News Group Newspapers Ltd

Third Party

British Broadcasting Corporation

Third Party

The Press Association

Third Party

Procedural Posture

Civil / Pre Trial Review

Legal Issues

  1. 1 Whether reporting restrictions and anonymity orders should be imposed to protect claimants' identities in right to be forgotten claims against Google
  2. 2 Whether the Information Commissioner should be permitted to intervene
  3. 3 What is the appropriate balance between open justice and privacy/data protection rights

Ratio Decidendi

The court approved reporting restrictions and anonymity orders to prevent the identification of the claimants in connection with these proceedings, finding such measures necessary and proportionate to protect their privacy and data protection rights, and to avoid defeating the purpose of the claims. The orders are justified by the need to balance open justice with the claimants' rights, and are supported by statutory and inherent powers. The Information Commissioner is permitted to intervene due to the general importance of the issues.

Court Disposition

Reporting restrictions and anonymity orders granted; Information Commissioner permitted to intervene.

Orders

  • Claimants to be anonymised and referred to by pseudonyms until judgment or further order.
  • Publication of claimants' names or identifying details in connection with the proceedings is prohibited.