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 protect claimants' identities, finding such measures necessary and proportionate to prevent self-defeating disclosure in right to be forgotten cases, while balancing open justice. The Information Commissioner was permitted to intervene due to the wider regulatory and public interest implications.

Citation
[2018] EWHC 261
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, Reporting Restrictions, Anonymity Orders, Open Justice, Spent Convictions, Freedom of Expression
Data Protection Privacy Media Law Human Rights Right to Be Forgotten Reporting Restrictions Anonymity Orders Open Justice +2 more

Case Brief

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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 cases
  2. 2 Whether the Information Commissioner should be permitted to intervene
  3. 3 Jurisdiction and legal basis for reporting restriction orders

Ratio Decidendi

The court approved reporting restrictions and anonymity orders to protect claimants' identities, finding such measures necessary and proportionate to prevent self-defeating disclosure in right to be forgotten cases, while balancing open justice. The Information Commissioner was permitted to intervene due to the wider regulatory and public interest implications.

Court Disposition

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

Orders

  • Claimants permitted to proceed anonymously using pseudonyms until judgment or further order.
  • Publication of claimants' names or identifying details in connection with proceedings prohibited.