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The right to erasure-High Court to step in

Written by Izaz Ali on 21 August 2014

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The High Court has ruled that a UK businessman, and now a resident of Hong Kong, may bring a claim against Google seeking injunctive relief in respect of defamatory comments posted on many websites by an anonymous individual.

The Claimant is seeking an injunction forcing Google to remove the postings in accordance with the statutory tort created by sections 10 and/or 14 of the Data Protection Act 1998 (DPA) and in line with the ECJ's decision in Google Spain SL and Google Inc v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González, Case C-131/12, 13 May 2014.Thi

This case confirmed the right of an individual to have the search engine results removed where they affect privacy rights. It is claimed that Google was under an obligation to comply with the requirements of the DPA, including the obligation to prevent the processing of personal data of the claimant which is inaccurate and/or which is causing him, or is likely to cause him, substantial damage or substantial distress.

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