Distressing Changes To The Data Protection Act

Google Inc v Vidal-Hall [2015] EWCA Civ 311

Facts

The claim was brought by a number of individuals who had been using Apple's Safari browser to access the internet. They became aware that Google were collecting information about their internet usage without their knowledge or consent through the use of cookies.

The claimants issued proceedings in 2013 for a misuse of private information, breach of confidence and a breach of the Data Protection Act 1998 (DPA). In particular they sought compensation for distress under Section 13 of DPA which provides that a claim can be brought where a breach causes "damage and distress" and the Courts have to date interpreted damage as requiring some pecuniary loss.

Held

The decision of the Court of Appeal however, states that there is no requirement under Section 13 for financial loss to be suffered before a claim can be made...