Google To Get Grilling Before UK Courts For Covert Safari Browser Tracking

High Court Judge Mr Justice Michael Tugendhat has declared in the case Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB) (16 January 2014) that infamous U.S. corporation Google Inc. ('Google') will face the scrutiny of the UK courts in a privacy claim brought by three British Internet users (the 'Claimants'), who have started a group known as the 'Safari Users Against Google's Secret Tracking' (the 'Claimants').

By way of background since the summer 2011, all versions of the Safari browser installed on Apple Inc. ('Apple') devices have been set by default to block third-party cookies to prevent advertising-related tracking. The Claimants allege that between September 2011 and February 2012, Google circumvented Apple's default Safari settings to place covert tracking cookies, specifically the DoubleClick ID cookie, on their devices. This allowed Google to unlawfully monitor their online browsing activities, referred to as the 'Safari Workaround', for the purposes of furthering its AdSense service with advertisers. As a result, the Claimants argued Google was able to obtain and collate a vast amount of their private information, including their IP address, Internet browsing habits, shopping habits, interests and hobbies, news reading habits, religious beliefs, racial origin, social class, political affiliation, age, gender, and geographical location - all without their knowledge or consent. Consequently, the Claimants plead they have suffered damage to their personal dignity, autonomy and integrity, causing them anxiety and distress, for which they seek aggravated damages and an apology.

The preliminary issue of contention in bringing this claim lay in the fact that Google is a corporation registered in Delaware, calling into question the appropriate jurisdiction to hear the case. Considering the potential financial burden, it was deemed disproportionate for the Claimants to bring a claim before U.S. courts. As a result, on 12 June 2013, a Master granted the Claimants permission to serve the claim from outside of the jurisdiction on Google in its principle place of business in Mountain View, California. On 12 August 2013, Google applied to the court for an order setting aside service, on the grounds that it did not consider the English courts to have the jurisdiction to hear the claim.

The High Court judgment has now clarified that under UK law, a court will only give permission for a claimant to serve outside the jurisdiction if the...