Landmark Decision In Vidal-Hall v Google Inc

A landmark decision of the Court of Appeal in Vidal-Hall v Google Inc ([2015] EWCA Civ 311) may lead to a sea-change in how claims are brought for breaches of data protection laws. The judgment classifies the misuse of private information as a tort and allows claimants to recover damages under the Data Protection Act 1998 (DPA) for non-material loss.

In the claim against Google for misuse of private information, breach of confidence and breach of the DPA for the collection of browser generated information (BGI) from their Apple Safari browsers, the Court of Appeal was required to rule on the following issues:

Whether Misuse of private information is a tort

The Court distinguished actions for breach of confidence and for misuse of private information, which are based on different legal...