U.K. Victory for Google Confirms U.S.-Style 'Opt-Out' Class Actions Still Beyond Claimants' Reach
Lloyd v. Google was an attempt to recover compensation from Google on behalf of millions of unidentified, and uninvolved, individuals, and the internet giant's victory has confirmed that hurdles remain to bringing such litigation in the U.K.
October 29, 2018 at 07:00 AM
7 minute read
The Claim
The representative action was brought by campaign group 'Google You Owe Us', led by Richard Lloyd, the former executive director of Which? Magazine. Lloyd was applying to serve proceedings on Google in the U.S., alleging that Google breached the principles of the Data Protection Act 1998 through its “Safari Workaround”.
Following the U.K. High Court's decision in Vidal-Hall v. Google, there are clear arguments to be made that the Safari Workaround breached the Act by collecting private data from individuals using Apple's Safari browser on iPhones, without their knowledge or consent. However, the Lloyd decision makes clear that potential claimants still have a number of hurdles to overcome before they will succeed in recovering damages from Google.
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