“In Lloyd v Google LLC [2019] EWCA Civ 1599, [2020] QB 747, the Court of Appeal adopted a broad understanding of ‘damage’ resulting from unlawful collection of personal data, paving the way for a representative action against Google on behalf of victims of such wrongs. This could be a valuable addition to the expanding arsenal of remedies (in particular under the General Data Protection Regulation (GDPR) (Regulation (EU) No 2016/679 (OJ 2016 L 119 p 1)) against what Shoshana Zuboff has dubbed ‘surveillance capitalism’ (see The Age of Surveillance Capitalism (London 2019)). From 2011 to 2012, Google secretly tracked the Internet activity of Apple iPhone users and then used the accumulated data for various commercial purposes …”
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Václav Janeček, Data Protection, the Value of Privacy and Compensable Damage, Cambridge Law Journal, volume 79, issue 3, November 2020, pp 417-420. Published online by Cambridge University Press: 7 December 2020.
First posted 2020-12-08 17:28:51
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