Wednesday 12 February 2014

Privacy And Data Protection Claims Against Google Inc. To Be Tried By English Courts

Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB)


The English High Court had to decide whether claims by British residents for breach of privacy and data protection against the US company Google Inc., not their UK entity, could be tried before an English Court.The claims concern Google Inc.'s collection of information from the devices the claimants used to access the internet and use of that information to generate advertisements targeted at them.
It found that it would be very burdensome for the claimants to bring proceedings in the US. There were serious issues to be tried and the claimants had clearly established that England was the appropriate jurisdiction. The issues of law raised by Google Inc. were complicated ones and in a developing area of law. It was better for all parties that the issues of English law be resolved by an English Court, with the usual right of appeal, whcih would not be available if the issues were resolved by an American court deciding English law as a question of fact. The Court also held that "damage" in section 13 of the Data Protection Act did not have to be financial loss but would include non-pecuniary damage. 
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