Townsend v Google Inc. & Anor [2017] NIQB 81 (31 October 2017)

Townsend v Google Inc. & Anor [2017] NIQB 81 (31 October 2017)

There is no serious issue to be tried in relation to the plaintiff's claims for misuse of private information, breach of confidence, or breach of the Data Protection Act 1998. The information at issue relates to unspent convictions, for which there is no reasonable expectation of privacy, and the principle of open justice and public interest in disclosure outweigh any competing privacy rights. Google Inc. satisfied the conditions for lawful processing under the Data Protection Act 1998, and the journalism/public interest exceptions apply. Accordingly, leave to serve the writ out of the jurisdiction on Google Inc. is refused.

Citation
[2017] NIQB 81
Parties
Plaintiff: Callum Townsend; First Defendant: Google Inc.; Second Defendant: Google UK Limited
Jurisdiction
Northern Ireland
Judgment Date
31 October 2017
Procedural Posture
Application for Leave to Serve Out of Jurisdiction (order 11 Rules 1(1)(b), (f), and 3, Rules of the Court of Judicature (northern Ireland) 1980) / Contested Hearing on Application for Leave to Serve Writ Out of Jurisdiction
Outcome
Application refused
Legal Topics
Misuse of Private Information, Breach of Confidence, Data Protection Act 1998, Spent Convictions, Open Justice, Right to Be Forgotten, Jurisdictional Gateways, Injunctions, Section 10 Data Subject Notice
Data Protection Privacy Law Tort Law Civil Procedure Misuse of Private Information Breach of Confidence Data Protection Act 1998 Spent Convictions +5 more

Case Brief

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Parties

Callum Townsend

Plaintiff

Google Inc.

First Defendant

Google UK Limited

Second Defendant

Procedural Posture

Application for Leave to Serve Out of Jurisdiction (order 11 Rules 1(1)(b), (f), and 3, Rules of the Court of Judicature (northern Ireland) 1980) / Contested Hearing on Application for Leave to Serve Writ Out of Jurisdiction

Legal Issues

  1. 1 Whether the plaintiff has an arguable case to serve proceedings out of the jurisdiction against Google Inc. for misuse of private information, breach of confidence, and breach of the Data Protection Act 1998.
  2. 2 Whether Google Inc.'s processing of search results relating to the plaintiff's criminal convictions (including spent and unspent convictions) gives rise to a reasonable expectation of privacy or breach of data protection principles.
  3. 3 Whether the journalism or public interest exceptions apply to Google Inc.'s processing of the plaintiff's data.

Ratio Decidendi

There is no serious issue to be tried in relation to the plaintiff's claims for misuse of private information, breach of confidence, or breach of the Data Protection Act 1998. The information at issue relates to unspent convictions, for which there is no reasonable expectation of privacy, and the principle of open justice and public interest in disclosure outweigh any competing privacy rights. Google Inc. satisfied the conditions for lawful processing under the Data Protection Act 1998, and the journalism/public interest exceptions apply. Accordingly, leave to serve the writ out of the jurisdiction on Google Inc. is refused.

Court Disposition

Application refused

Orders

  • Leave to serve notice of the writ of summons out of the jurisdiction on Google Inc. is refused.
  • Anonymity and reporting restriction orders previously imposed are removed by consent.