Carter-Ruck in The Times:  A quiet shift in stance on the right to be forgotten

Posted on 24 September 2018 by Carter-Ruck

The Information Commissioner's Office is showing signs of shifting its approach to the right to be forgotten, writes Mathilde Groppo in The Times (published 20 September 2018).

Just five months after Mr Justice Warby gave judgment in the case of NT1 & NT2 v Google, discreet signs of a shift in the approach of the Information Commissioner Office's (ICO) to the de-listing of webpages containing information about an ex-offender's spent conviction are becoming apparent.

The effect of a conviction becoming "spent" under the Rehabilitation of Offenders Act 1974 is that the ex-offender must be treated "as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence or offences which were the subject of that conviction". There are exceptions to this, but they are not material.

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