Lloyd v Google LLC

Lloyd v Google LLC

Section 13 of the Data Protection Act 1998 does not confer a right to compensation for any contravention without proof of material damage or distress; a representative action for damages cannot succeed without individualised evidence of misuse and harm.

Parties
Respondent: Michael Lloyd; Appellant: Google LLC
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Representative Actions, Damages, Class Actions, User Damages, Misuse of Private Information
Data Protection Civil Procedure Representative Actions Damages Class Actions User Damages Misuse of Private Information

Case Brief

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Parties

Michael Lloyd

Respondent

Google LLC

Appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether damages under section 13 of the Data Protection Act 1998 can be awarded for 'loss of control' of personal data without proof of material damage or distress
  2. 2 Whether a representative action can proceed for damages on a uniform per capita basis without individual assessment
  3. 3 Whether user damages are available under the DPA 1998

Ratio Decidendi

Section 13 of the Data Protection Act 1998 does not confer a right to compensation for any contravention without proof of material damage or distress; a representative action for damages cannot succeed without individualised evidence of misuse and harm.

Court Disposition

Appeal allowed

Orders

  • Order refusing permission to serve proceedings on Google outside the jurisdiction restored