Mosley v Google Inc & Anor

Mosley v Google Inc & Anor

The claimant's case under section 10 of the Data Protection Act 1998 is viable and raises serious issues to be tried, as Google is a data controller for search results containing personal data. The E-Commerce Directive does not exclude the possibility of judicial remedies for data protection breaches, and the relief sought does not necessarily amount to impermissible general monitoring. The claim should proceed to trial.

Parties
Claimant: Max Mosley; Defendant: Google Inc; Defendant: Google UK Limited
Jurisdiction
England and Wales
Judgment Date
15 January 2015
Procedural Posture
Civil Claim / Interlocutory Application (strike Out / Summary Judgment)
Outcome
Claimant's case allowed to proceed to trial; application to strike out or for summary judgment dismissed; parts of claim stayed.
Legal Topics
Misuse of Personal Information, Data Controller Liability, Injunctions, Damages, E Commerce Directive, Data Protection Directive
Data Protection Privacy Law Information Technology Law Misuse of Personal Information Data Controller Liability Injunctions Damages E Commerce Directive +1 more

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Parties

Max Mosley

Claimant

Google Inc

Defendant

Google UK Limited

Defendant

Procedural Posture

Civil Claim / Interlocutory Application (strike Out / Summary Judgment)

Legal Issues

  1. 1 Whether Google is a data controller under the Data Protection Act 1998 for search results displaying sensitive personal data
  2. 2 Whether the claimant is entitled to injunctive relief and/or damages under sections 10, 13, and 14 of the Data Protection Act 1998
  3. 3 Whether the E-Commerce Directive provides Google with a defence to liability as a search engine operator

Ratio Decidendi

The claimant's case under section 10 of the Data Protection Act 1998 is viable and raises serious issues to be tried, as Google is a data controller for search results containing personal data. The E-Commerce Directive does not exclude the possibility of judicial remedies for data protection breaches, and the relief sought does not necessarily amount to impermissible general monitoring. The claim should proceed to trial.

Court Disposition

Claimant's case allowed to proceed to trial; application to strike out or for summary judgment dismissed; parts of claim stayed.

Orders

  • Stay of the claim based on common law misuse of personal information.
  • Stay of the claim for monetary compensation and relief under sections 13 and 14 pending outcome of related appeal.