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The right to be forgotten in cases involving criminal convictions
Abstract
In NT1 and NT2 v Google and The Information Commissioner the High Court of England and Wales considered the applicability of the right to be forgotten to cases involving "spent" criminal convictions under the Data Protection Directive and in light of the decision of the Court of Justice of the European Union ( CJEU) in Google Spain v AEPD . The decision represents an important development in the evolving body precedent concerning the right to be forgotten in European law while also offering an insight into a potential shift in attitude among common law courts towards the applicability of art.8 rights in the context of criminal convictions.
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A criminal conviction, if widely known, constitutes a life-long stigma that limits the convicted person’s employment and other opportunities. European countries, including Spain, recognizing an individual right of informational privacy and a societal interest in limiting recidivism, sharply restrict the dissemination of individual criminal history information. By contrast, the USA, in accordance with its commitments to judicial transparency, free speech and the individual’s right of self protection, allows (and even promotes) extensive dissemination of individual criminal history information. This article compares the profoundly different policies on providing public access to individual criminal history information in Spain and the USA, illuminating the cultural and legal values behind each country’s policies and the tensions both countries encounter in attempting to reconcile these policies with other socio-political values and goals.