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Google launches challenge to Max Mosley's privacy bid | Google launches challenge to Max Mosley's privacy bid |
(less than a minute earlier) | |
Google has asked the High Court to throw out legal action being taken by ex-Formula 1 boss Max Mosley. | Google has asked the High Court to throw out legal action being taken by ex-Formula 1 boss Max Mosley. |
Mr Mosley wants Google to block photos of him at a sex party first printed in the now-defunct News of the World, which he successfully sued in 2008. | Mr Mosley wants Google to block photos of him at a sex party first printed in the now-defunct News of the World, which he successfully sued in 2008. |
He is suing the internet firm for breaches of the Data Protection Act and misusing private information. | He is suing the internet firm for breaches of the Data Protection Act and misusing private information. |
Google's barrister argued that Mr Mosley no longer has a "reasonable expectation of privacy". | Google's barrister argued that Mr Mosley no longer has a "reasonable expectation of privacy". |
Mr Mosley won damages from the News of the World after it published a story alleging he had organised a Nazi-themed orgy. | Mr Mosley won damages from the News of the World after it published a story alleging he had organised a Nazi-themed orgy. |
Photographs and a video which show his private sexual activity were originally obtained by News Group Newspapers Limited (NGN) in a clandestine "sting" operation. | Photographs and a video which show his private sexual activity were originally obtained by News Group Newspapers Limited (NGN) in a clandestine "sting" operation. |
Mr Mosley - the son of 1930s fascist leader Sir Oswald Mosley - won £60,000 after a judge ruled there was no substance to the allegation that there had been a Nazi theme to the sex party and found that his privacy had been breached. | Mr Mosley - the son of 1930s fascist leader Sir Oswald Mosley - won £60,000 after a judge ruled there was no substance to the allegation that there had been a Nazi theme to the sex party and found that his privacy had been breached. |
In that ruling, the High Court also said the article was not in the public interest. | In that ruling, the High Court also said the article was not in the public interest. |
Mr Mosley has said the role-play at a rented Chelsea basement flat was harmless, consensual and private. | Mr Mosley has said the role-play at a rented Chelsea basement flat was harmless, consensual and private. |
'Ignoring the courts' | 'Ignoring the courts' |
On launching his legal action last year, Mr Mosley urged: "Google should operate within the law rather than according to rules it makes itself. It cannot be allowed to ignore judgements in our courts." | On launching his legal action last year, Mr Mosley urged: "Google should operate within the law rather than according to rules it makes itself. It cannot be allowed to ignore judgements in our courts." |
Google has said it will remove URLs that it is alerted to, but is not prepared to remove the images entirely from its search engines. | Google has said it will remove URLs that it is alerted to, but is not prepared to remove the images entirely from its search engines. |
In court on Wednesday, Google's barrister Antony White QC for Google conceded that it was technically possible to remove the images and was "not burdensome" to do so. | In court on Wednesday, Google's barrister Antony White QC for Google conceded that it was technically possible to remove the images and was "not burdensome" to do so. |
However, he argued that Google was not the publisher of the private information, and that Mr Mosley no longer had a reasonable expectation of privacy in relation to the images. | However, he argued that Google was not the publisher of the private information, and that Mr Mosley no longer had a reasonable expectation of privacy in relation to the images. |
On that basis, Google will seek to show that Mr Mosley's claim is unfounded. | On that basis, Google will seek to show that Mr Mosley's claim is unfounded. |
The hearing is due to conclude on Thursday. | The hearing is due to conclude on Thursday. |
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