Lloyd v Google LLC

Lloyd v Google LLC

A claimant can recover damages for loss of control of their data under section 13 DPA without proving pecuniary loss or distress, provided the breach is not trivial. The represented class had the same interest and was identifiable. The judge's exercise of discretion was vitiated by irrelevant considerations, and the action should be allowed to proceed as a representative action.

Parties
Claimant/appellant: Richard Lloyd; Defendant/respondent: Google LLC
Jurisdiction
England and Wales
Judgment Date
02 October 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Permission to Serve Out of Jurisdiction and Representative Action Under CPR Part 19.6
Outcome
Appeal allowed
Legal Topics
Damages for Data Breaches, Representative Actions, Loss of Control Damages, Jurisdiction to Serve Out, Interpretation of Section 13 Data Protection Act 1998
Data Protection Civil Procedure Privacy Law Damages for Data Breaches Representative Actions Loss of Control Damages Jurisdiction to Serve Out Interpretation of Section 13 Data Protection Act 1998

Case Brief

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Parties

Richard Lloyd

Claimant/appellant

Google LLC

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Permission to Serve Out of Jurisdiction and Representative Action Under CPR Part 19.6

Legal Issues

  1. 1 Can a claimant recover uniform per capita damages for infringement of data protection rights under section 13 DPA without proving pecuniary loss or distress?
  2. 2 Do the members of the class have the same interest under CPR Part 19.6(1) and are they identifiable?
  3. 3 Was the judge's exercise of discretion in refusing the representative action vitiated?

Ratio Decidendi

A claimant can recover damages for loss of control of their data under section 13 DPA without proving pecuniary loss or distress, provided the breach is not trivial. The represented class had the same interest and was identifiable. The judge's exercise of discretion was vitiated by irrelevant considerations, and the action should be allowed to proceed as a representative action.

Court Disposition

Appeal allowed

Orders

  • Permission granted to serve proceedings on Google LLC outside the jurisdiction
  • Action to proceed as a representative action under CPR Part 19.6