NGK v Google Inc. & Anor [2017] NIQB 74 (31 October 2017)

NGK v Google Inc. & Anor [2017] NIQB 74 (31 October 2017)

There is no serious issue to be tried as to misuse of private information, breach of confidence, or breach of the Data Protection Act 1998 because the information at issue relates to unspent convictions, for which there is no reasonable expectation of privacy, and the processing is justified by the public interest in open justice and freedom of expression. The application to serve notice of the writ out of jurisdiction on Google Inc. is refused.

Citation
[2017] NIQB 74
Parties
Plaintiff: NGK; First Defendant: Google Inc.; Second Defendant: Google UK Limited
Jurisdiction
Northern Ireland
Judgment Date
31 October 2017
Procedural Posture
Application for Leave to Serve Notice of Writ Out of Jurisdiction / Contested Hearing on Application for Leave to Serve Out
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 Service, Journalism Exception
Data Protection Privacy Law Tort Law Civil Procedure Misuse of Private Information Breach of Confidence Data Protection Act 1998 Spent Convictions +4 more

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Parties

NGK

Plaintiff

Google Inc.

First Defendant

Google UK Limited

Second Defendant

Procedural Posture

Application for Leave to Serve Notice of Writ Out of Jurisdiction / Contested Hearing on Application for Leave to Serve Out

Legal Issues

  1. 1 Whether the plaintiff has an arguable case to serve notice of writ out of jurisdiction on Google Inc. for misuse of private information, breach of confidence, and breach of the Data Protection Act 1998
  2. 2 Whether there is a reasonable expectation of privacy in respect of unspent criminal convictions
  3. 3 Whether Google Inc. has breached the Data Protection Act 1998 in processing and indexing personal data relating to the plaintiff's convictions

Ratio Decidendi

There is no serious issue to be tried as to misuse of private information, breach of confidence, or breach of the Data Protection Act 1998 because the information at issue relates to unspent convictions, for which there is no reasonable expectation of privacy, and the processing is justified by the public interest in open justice and freedom of expression. The application to serve notice of the writ out of jurisdiction on Google Inc. is refused.

Court Disposition

Application refused

Orders

  • Leave to serve notice of writ out of jurisdiction on Google Inc. is refused.
  • No order as to costs specified.