UK: Lloyd v Google LLC – data protection class action claims

Followers of Privacy Matters will be familiar with the case of Lloyd v Google LLC, which raises important issues as to the recoverability of compensation for breaches of data protection law, and is likely to be pivotal to the mass claims landscape in the UK.

The case went before the UK’s Supreme Court in April 2021 and Judgment is anticipated in Autumn 2021.

The three issues for determination by the Supreme Court were:

  1. Are damages recoverable for loss of control of data under section 13 of the Data Protection Act 1998, even if there is no pecuniary loss or distress?
  2. Do the 4 million individuals share the “same interest”, which is a requirement for a representative action to proceed in England and Wales?
  3. If the “same interest” test is satisfied, should the Court exercise its discretion and disallow the representative action proceeding in any event?

A full report on the matters before the Justices is available here, including a summary of the intervention of the Information Commissioner’s Office.

An article on the Judgment will be posted on the day of its release.