Will Google v Lloyd Decision Increase An Organisation's Exposure To Representative Action For Breaches Of Data Protection Laws?

The Court of Appeal has held that an individual can claim for compensation under section 13 of the Data Protection Act 1998 where a breach of the DPA results in a “loss or diminution of a right to control” their personal data. A claim of compensation would not require the claimant to prove pecuniary loss or distress.

The case concerns a claim brought by Mr Lloyd against Google LLC on behalf of a class of more than 4 million iPhone users for damage suffered under section 13 of the Data Protection Act 1998 (“DPA”). It is alleged that between August 2011 and February 2012, Google had tracked the internet activity of these iPhone users and subsequently sold the data to advertisers, without user consent or knowledge.

The High Court and the Court of Appeal took opposing views on all principles considered, namely:

Whether a claimant could recover damages under the DPA without proving pecuniary loss or distress; Whether the members of the class had the “same interest” and could be sufficiently identified for the purposes of a valid class action under CPR 19.6 (1); and Whether, if it was found that neither (i) or (ii) applied, the court could exercise discretion to allow the claim to continue. Proof of pecuniary loss or distress

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