Friday 3 April 2015

Non-Pecuniary Damages For Data Protection Violation

Google Inc. v. Vidal, Hann, Bradshaw [2015] EWCA Civ 311

The Court of Appeal had to decide whether individuals could claim compensation for damage and distress caused by Google's data protection violation. 
Three individuals complained that Google had collected private information about their internet usage without their knowledge or consent.

The Court held that Article 23 of the EU Directive 95/46/EC does not distinguish between pecuniary and non-pecuniary damage and therefore Section 13 of the Data Protection Act had to be interpreted accordingly. 

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