Data Class Actions: Claim For Misuse Of Private Information Could Not Be Brought As "Opt-out" Representative Action

The High Court has dismissed an attempt to bring a claim for misuse of private information as an "opt-out" representative action under CPR 19, where the representative claimant was seeking damages based on a "lowest common denominator" of the claimant class: Prismall v Google UK Ltd [2023] EWHC 1169 (KB).

A representative action under CPR 19 can only be brought if the represented class has the "same interest" in the claim. In its high profile decision in Lloyd v Google [2021] UKSC 50 (considered here), the Supreme Court found that a claim for compensation for alleged breaches of data protection legislation could not get round this hurdle by disclaiming any reliance on class members' individual circumstances, as such claims require proof of damage and cannot be brought for the mere loss of control of data.