Former Formula 1 chief Max Mosley is suing Google for continuing to link pictures of him taken during a sex party that was erroneously reported to have had a Nazi theme.
In 2008, Mosley won a case against the now non-operational tabloid, News of the World, for erroneously reporting that he attended a Nazi themed sex party. His defence was that the sex party was done with the consent from the five prostitutes, that the party was harmless and that the party was never a Nazi-themed one.
Mosley is now suing Google for "misuse of private information" and breaching data protection laws as Google continues to link him to the photos that had been already ruled out by the court.
"As the gateway to the internet Google makes enormous profits and has great influence, so I have not taken this action lightly. But Google should operate within the law rather than according to rules it makes itself. It cannot be allowed to ignore judgments in our courts," Mosley was quoted saying.
His lawyers from Payne Hicks Beach said that they have done all necessary steps to have Google agree to resolve the matter outside the courts. However, Google insiders revealed that the search giant would take the case to the High Court.
"We have worked with Mr Mosley to address his concerns and taken down hundreds of URLs [internet links] about which he has notified us," a Google spokesman said.
According to unnamed sources, Mosley would want for Google to conduct a pro-active search of the photos and take them all down at its own volition.
The lawsuit from Mosley came after an unprecedented decision by the Court of Justice of the European Union ruling that Google shall approved applications for web links to be taken down under the "right to be forgotten" policy.
However, some law experts said that Mosley cannot sue under the "right to be forgotten" for he is a public figure and thereby not to be included to the terms and conditions of the law.