British Court of Appeal - Google violated UK user's rights by misusing private browsing data
1-04-2015, 10:50  / ნანახია: 1016

UK Human Rights Blog 

 

Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal 

 

"Google Inc v Vidal-Hall and others [2015] EWCA Civ 311 (27 March 2015)

 

This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’)."

 

Comment

 

"It is interesting that the respondents’ success in this case rested more securely on the basis of the EU Charter of Fundamental Rights rather than Article 8 ECHR. The rights in the Charter are only engaged where the matter in question involves EU law; this is a classic case where the basis of the action, misuse of data, involved the relevant Directive and the legislation implementing it, the DPA. Which was found to be deficient because it failed to provide redress as required by the privacy protecting provisions of the Charter.

Now that it has been established, both at first instance and in the Court of Appeal, that this country is the appropriate jurisdiction in which to try the case, it will be interesting to see how much by way of damages will be awarded the claimants should they succeed on the merits. In any event, the outcome of this hearing spares them the very considerable expense of bringing proceedings in the United States."

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