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Representative data protection action decision

Lloyd v Google LLC [2019] EWCA Civ 1599

Related Member(s):
Hugh Tomlinson QC, Edward Craven, Antony White QC
Related Practice Area(s):
Media and Information Law
Court:

Brought on behalf of an estimated 4.4 million iPhone users, this representative claim concerns Google’s gathering and exploitation of browser generated information on Apple’s Safari browser.

Warby J dismissed the claimant’s application for permission to serve Google outside the jurisdiction.

The main issues raised by the appeal are: (a) whether the judge was right to hold that a claimant cannot recover uniform per capita damages for infringement of their data protection rights under the Data Protection Act 1998, s 13, without proving pecuniary loss or distress, (b) whether the judge was right to hold that the members of the class did not have the same interest under CPR Part 19.6(1) and were not identifiable, and (c) whether the judge’s exercise of discretion can be vitiated.