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UK Supreme Court Will Hear Google’s Appeal in Important Privacy Case

The UK Supreme Court has granted Google the right to appeal part of the English and Welsh Court of Appeal’s notable ruling in Google Inc. v. Vidal-Hall & Ors [2015] EWCA Civ 311.

Our previous article highlighted the facts of the case (brought by Internet users against Google’s ad-tracking practices) and the significant consequences of the ruling for organizations handling personal data in or from the UK.  In short, the Court of Appeal held that:

  • English law recognizes misuse of private information as a free-standing tortious cause of action (so litigants can seek injunctions and compensation even against foreign defendants, not just in the UK); and

  • Section 13(2) of the Data Protection Act 1998, which hitherto had prevented claims for “distress” (i.e. moral damages) in the absence of pecuniary (i.e. financial) damage, was invalid on two grounds:

Although Google appealed on all counts, the UK Supreme Court granted permission to appeal only in relation to the invalidity of Section 13(2) of the Data Protection Act.  In doing so, it tacitly upheld the view that misuse of private information is indeed tortious in nature, thus allowing the claim in tort to proceed against Google, regardless of the eventual outcome of Google’s appeal on Section 13(2).

For now, that section of the Data Protection Act remains dis-applied, so unless and until the UK Supreme Court reverses the Court of Appeal’s decision, litigants will remain able to demand compensation for mere distress due to breaches of the Act.

 

© 2019 Covington & Burling LLP

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About this Author

Philippe Bradley-Schmieg, Covington Burling, Data privacy and cybersecurity attorney
Associate

Philippe Bradley-Schmieg's practice covers a range of regulatory and commercial matters affecting the IT, internet media, e-health and telecoms sectors across the world.

Mr. Bradley-Schmieg advises on legislation, enforcement, advocacy and contracts relating to privacy, data protection, consumer protection, intermediary liability, copyright and databases, Big Data, medical confidentiality, cybersecurity, law enforcement data requests, and smart medical devices and apps.

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