UK High Court Grants Google Permission to Appeal Group Action Claim

Three judges have given the go-ahead for Google to appeal a group action lawsuit claim over its use of tracking cookies to collect data.

The legal claim had been launched against Google for purportedly secretly using tracking cookies to collect the personal data of four million iPhone users, the BBC reported. 

Previously, the case was impeded by the High Court due to complications.

Plaintiff Richard Lloyd had launched the claim. He is the former director of the consumer rights group Which? and is mentioned in the lawsuit as a “champion of consumer protection.”

The class action lawsuit states that between 9 August 2011 and 15 February 2012, Google used tracking cookies to compile information from users, including details about their health, race, ethnicity, sexual orientation and finances. The tracking cookies, which are described as small computer text files, were collecting data through Apple’s web browser, Safari, regardless of users selecting the “do not track” privacy setting.

This lawsuit qualifies as a class action because it is the first time in a claim where one individual plaintiff is speaking for all iPhone users with the same complaint.

However, in October 2018, Mr. Justice Warby threw the case out on the grounds that it was too complicated to estimate how many people had been impacted by the alleged information collecting activity of Google’s tracking cookies. The judge said any claims of suffered damage were not backed by section 13 of the Data Protection Act 1998.

The plaintiff argued that each of the claimants in the class action lawsuit is owed damages because they did not consent to their personal data being collected.

The Court of Appeal, influenced by the following factors, has now ruled that the case is allowed to carry on: 

• There is a value placed on personal data; 
• Users can be compensated for damages due to losing personal data; and
• The defendant’s actions make the lawsuit applicable for pursuing group amends.

According to a lawyer for the plaintiff, Article 8 of the Charter of Fundamental Rights of the European Union, says everyone has the right to have their personal information protected.

Furthermore, Article 47 strengthens this notion by stating that everyone’s rights and freedoms are assured by law, and if the law is breached, everyone has a right to amend redress in court.

The plaintiff’s counsel asserts that these claims entitle the class members to damages. 

However, the lawyers for Google argue that section 13(1) of the Data Protection Directive demands evidence that the tracking cookies were a source of distress and caused significant damage.

In response to the claim, Google alleged the case brought up circumstances that occurred almost a decade ago, and they had already formally addressed the issue at that time. Google’s opinion was that the case was not valid and should be dismissed. 

The plaintiff said the claim delivers a clear message to Google and other tech giants that they are not above the law. He claims Google should be held accountable for abusing personal data and profiting over breaches of data protection laws.  

This is not the first time Google has been the target of a lawsuit. A student at Standford University, who was studying targeted advertising, noticed tracking cookies were being used by Google. 

Google said that no personal data had been obtained and the incident was accidental. In 2012, Google settled on paying $22.5 million (£18.3 million), the largest fine ever enforced by the U.S. Federal Trade Commission.

Do you feel directly violated by Google or other companies using tracking cookies? Let us know in the comments.

The plaintiff is represented by Mr. Hugh Tomlinson QC, Mr. Oliver Campbell QC and Ms. Victoria Wakefield QC of Mishcon de Reya LLP.

The Google Tracking iPhone Users Class Action Lawsuit is Richard Lloyd v. Google LLC, Case No. HQ17M01913 in the Royal Courts of Justice, London, United Kingdom.

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