Google You Owe Us has appealed a High Court judgment that blocked the representative legal action against Google. The appeal has been filed at the Court of Appeal.
The representative action was brought against Google over claims that it unlawfully collected personal information from 4 million iPhone users in 2011-2012.
The disappointing High Court judgment highlighted the barriers that remain for consumers using collective actions as a route to redress in England and Wales. Google has paid millions in fines in the US to settle earlier claims against it over similar data-gathering claims.
Justice Warby’s judgment found that Google’s actions were arguably “wrongful, and a breach of duty”. Despite this he suggested that affected class members did not care about their data being taken without permission. Affected class members have continued to show their support for the case on Facebook and over 20,000 class members signed up for case updates.
The legal team will argue that the judgment was incorrect in stating that the class had not suffered damage within the meaning of the Data Protection Act, and that the class had not all suffered in the same way as a result of the data breach.
Richard Lloyd, the representative claimant said:
“Google’s business model is based on using personal data to target adverts to consumers and they must ask permission before using this data. The court accepted that people did not give Google permission to use their data in this case, yet slammed the door shut on holding Google to account.
By appealing this decision, we want to give affected consumers the opportunity to get the compensation they are owed and show that collective actions offer a clear route to justice for data protection claims.”