Post «UK privacy ‘class action’ complaint against Google gets unblocked» in blog Прогноз погоды

People

John Smith

John Smith, 48

Joined: 28 January 2014

Interests: No data

Jonnathan Coleman

Jonnathan Coleman, 32

Joined: 18 June 2014

About myself: You may say I'm a dreamer

Interests: Snowboarding, Cycling, Beer

Andrey II

Andrey II, 41

Joined: 08 January 2014

Interests: No data

David

David

Joined: 05 August 2014

Interests: No data

David Markham

David Markham, 65

Joined: 13 November 2014

Interests: No data

Michelle Li

Michelle Li, 41

Joined: 13 August 2014

Interests: No data

Max Almenas

Max Almenas, 53

Joined: 10 August 2014

Interests: No data

29Jan

29Jan, 31

Joined: 29 January 2014

Interests: No data

s82 s82

s82 s82, 26

Joined: 16 April 2014

Interests: No data

Wicca

Wicca, 36

Joined: 18 June 2014

Interests: No data

Phebe Paul

Phebe Paul, 26

Joined: 08 September 2014

Interests: No data

Артем Ступаков

Артем Ступаков, 93

Joined: 29 January 2014

About myself: Радуюсь жизни!

Interests: No data

sergei jkovlev

sergei jkovlev, 59

Joined: 03 November 2019

Interests: музыка, кино, автомобили

Алексей Гено

Алексей Гено, 8

Joined: 25 June 2015

About myself: Хай

Interests: Интерес1daasdfasf, http://apple.com

technetonlines

technetonlines

Joined: 24 January 2019

Interests: No data



UK privacy ‘class action’ complaint against Google gets unblocked

17:39 | 2 October expand

UK privacy ‘class action’ complaint against Google gets unblocked

The UK Court of Appeal has unanimously overturned a block on a class-action style lawsuit brought on behalf of four million iPhone users against Google — meaning the case can now proceed to be heard.

The High Court tossed the suit a year ago on legal grounds. However the claimants sought permission to appeal — and today that’s been granted.

The case pertains to allegations Google used tracking cookies to override iPhone users’ privacy settings in Apple’s Safari browser between 2011 and 2012. Specifically that Google developed a workaround for browser settings that allowed it to set its DoubleClick Ad cookie without iPhone users’ knowledge or consent.

In 2012 the tech giant settled with the FTC over the same issue — agreeing to pay $22.5M to resolve the charge that it bypassed Safari’s privacy settings to serve targeted ads to consumers. Although Google’s settlement with the FTC did not include an admission of any legal wrongdoing.

Several class action lawsuits were also filed in the US and later consolidated. And in 2016 Google agreed to settle those by paying $5.5M to educational institutions or non-profits that campaign to raise public awareness of online security and privacy. Though terms of the settlement remain under legal challenge.

UK law does not have a direct equivalent to a US style class action. But in 2017 a veteran consumer rights campaigner, Richard Lloyd, filed a collective lawsuit over the Safari workaround, seeking to represent millions of UK iPhone users whose browser settings his complaint alleges were ignored by Google’s tracking technologies.

The decision a High Court judge last year to block the action boiled down to the judge not being convinced claimants could demonstrate a basis for bringing a compensation claim. Historically there’s been a high legal bar for that as UK law has required that claimants are able to demonstrate they suffered damage as a result of data protection violation.

The High Court judge was also not persuaded the complaint met the requirements for a representative action.

However the Appeals Court has taken a different view.

The three legal questions it considered were whether a claimant could recover damages for loss of control of their data under section 13 of the UK’s Data Protection Act 1998 “without proving pecuniary loss or distress”; whether the members of the class had the same interest as one another and were identifiable; and whether the judge ought to have exercised discretion to allow the case to proceed.

The court rejected Google’s main argument that UK and EU law require “proof of causation and consequential damage”.

It also took the view that the claim can stand as a representative procedure.

In concluding the judgment, the chancellor of the High Court writes:

… the judge ought to have held: (a) that a claimant can recover damages for loss of control of their data under section 13 of DPA, without proving pecuniary loss or distress, and (b) that the members of the class that Mr Lloyd seeks to represent did have the same interest under CPR Part 19.6(1) and were identifiable.

The judge exercised his discretion as to whether the action should proceed as a representative action on the wrong basis and this court can exercise it afresh. If the other members of the court agree, I would exercise our discretion so as to allow the action to proceed.

I would, therefore, allow the appeal, and make an order granting Mr Lloyd permission to serve the proceedings on Google outside the jurisdiction of the court.

Mishcon de Reya, the law firm representing Lloyd, has described the decision as “groundbreaking” — saying it could establish “a new procedural framework for the conduct of mass data breach claims” under UK civil procedure rules governing group litigations.

In a statement, partner and case lead, James Oldnall, said: This decision is significant not only for the millions of consumers affected by Google’s activity but also for the collective action landscape more broadly. The Court of Appeal has confirmed our view that representative actions are essential for holding corporate giants to account. In doing so it has established an avenue to redress for consumers.”

Mishcon de Reya argues that the decision has confirmed a number of key legal principles around UK data protection law and representative actions, including that:

  • An individual’s personal data has an economic value and loss of control of that data is a violation of their right to privacy which can, in principle, constitute damage under s.13 of the DPA, without the need to demonstrate pecuniary loss or distress. The Court, can therefore, award a uniform per capita sum to members of the class in representative actions for the loss of control of their personal data
  • That individuals who have lost control of their personal data have suffered the same loss and therefore share the “same interest” under CPR 19.6
  • That representative actions are, in practice, the only way that claims such as this can be pursued

Responding to the judgement, a Google spokesperson told us: “Protecting the privacy and security of our users has always been our number one priority. This case relates to events that took place nearly a decade ago and that we addressed at the time. We believe it has no merit and should be dismissed.”

UK privacy ‘class action’ complaint against Google gets unblocked UK privacy ‘class action’ complaint against Google gets unblocked UK privacy ‘class action’ complaint against Google gets unblocked UK privacy ‘class action’ complaint against Google gets unblocked UK privacy ‘class action’ complaint against Google gets unblocked UK privacy ‘class action’ complaint against Google gets unblocked
UK privacy ‘class action’ complaint against Google gets unblocked

 


Read more→

Posted on 02.10.2019 17:39

Comments

To show the previous comments (%s from %s)
Show new comments

Last comments

Walmart retreats from its UK Asda business to hone its focus on competing with Amazon
Peter Short
Good luck
Peter Short

Evolve Foundation launches a $100 million fund to find startups working to relieve human suffering
Peter Short
Money will give hope
Peter Short

Boeing will build DARPA’s XS-1 experimental spaceplane
Peter Short
Great
Peter Short

Is a “robot tax” really an “innovation penalty”?
Peter Short
It need to be taxed also any organic substance ie food than is used as a calorie transfer needs tax…
Peter Short

Twitter Is Testing A Dedicated GIF Button On Mobile
Peter Short
Sounds great Facebook got a button a few years ago
Then it disappeared Twitter needs a bottom maybe…
Peter Short

Apple’s Next iPhone Rumored To Debut On September 9th
Peter Short
Looks like a nice cycle of a round year;)
Peter Short

AncestryDNA And Google’s Calico Team Up To Study Genetic Longevity
Peter Short
I'm still fascinated by DNA though I favour pure chemistry what could be
Offered is for future gen…
Peter Short

U.K. Push For Better Broadband For Startups
Verg Matthews
There has to an email option icon to send to the clowns in MTNL ... the govt of India's service pro…
Verg Matthews

CrunchWeek: Apple Makes Music, Oculus Aims For Mainstream, Twitter CEO Shakeup
Peter Short
Noted Google maybe grooming Twitter as a partner in Social Media but with whistle blowing coming to…
Peter Short

CrunchWeek: Apple Makes Music, Oculus Aims For Mainstream, Twitter CEO Shakeup
Peter Short
Noted Google maybe grooming Twitter as a partner in Social Media but with whistle blowing coming to…
Peter Short


Site search