Case Name: Google Inc v Vidal-Hall and others [2015] EWCA Civ 311
What the case is all about? Can internet users obtain damages where their browsing activity is tracked without their consent and the information passed to third parties? In this case, the Court of Appeal decided that EU law gave them precisely that remedy.
Google (US) was the culprit. The case raised two questions for the Court of Appeal: 1) Was the cause of action for misuse of private information a tort?; and 2) What was the meaning of ‘damage’ in section 13 of the Data Protection Act 1998, i.e. did it give rise to a claim for compensation notwithstanding the lack of any pecuniary loss?
The Respondents won on both grounds. Permission to appeal was also granted.