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ARTICLE · 18 MAY 2015

Landmark UK Data Protection Ruling

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The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK's Data Protection Act 1998 for non-financial losses.

United KingdomPrivacy
Sarah Thompson
Sarah Thompson

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK's Data Protection Act 1998 (the "Act") for non-financial losses.

The claim concerned Google's collection of personal data regarding the claimants' internet usage. This information consisted of browser-generated information which was collected via cookies, without the claimants' knowledge or consent. The claimants argued that Google offered their browser-generated information to advertisers, allowing targeted and tailored marketing based on the claimants' internet browsing activities. The Court had four issues to determine, one of which was the meaning of "damages" under section 13 of the Act and, in particular, whether an individual could claim compensation without suffering financial loss.

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