Lloyd v Google LLC

A representative action claiming damages for millions of iPhone users for loss of control of their data could not proceed without proof of individual damage.

Citation
[2021] UKSC 50, [2022] AC 1217
Court
UK Supreme Court
Year
2021
Subject
English Legal System
Topic
Civil justice and procedure

Facts

Richard Lloyd, a consumer rights campaigner, brought a representative action on behalf of about four million iPhone users in England and Wales, claiming damages from Google. He alleged that, in 2011 and 2012, Google had secretly tracked their internet activity through a workaround that bypassed the privacy settings of the Safari browser, in breach of the Data Protection Act 1998. He claimed a uniform sum of damages for each user for loss of control of their personal data, without having to prove that any individual had suffered financial loss or distress. Because Google was based in the United States, he needed permission to serve the claim outside the jurisdiction.

Legal principle

The Supreme Court refused permission, holding that the claim could not succeed. Under the Data Protection Act 1998, damages were recoverable only for material damage or distress caused by the breach, not for loss of control of data as such. Because the extent of Google's tracking, and any resulting damage, would vary between individuals, damages could not be assessed on a uniform basis without individual proof. Lord Leggatt said that a representative action under CPR 19.6 could be used to establish whether Google was liable, with individual claims for damages to follow, but not to recover damages for the whole class in one go. The decision limited the use of representative actions for mass data claims.

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