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Jurist UK appeals court allows iPhone users’ suit against Google to proceed

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Dadparvar

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Nov 11, 2016
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A lawsuit filed against Google by millions of iPhone users over data-collection was revived Wednesday by the UK Court of Appeals.

The suit was filed by a group called “Google You Us,” led by plaintiff Richard Lloyd. Lloyd is seeking 3.2 billion pounds from the internet giant based on Google unlawfully obtaining personal information of 4 million people through the tracking of their personal data. The original suit, filed in 2018, was dismissed by High Court Judge Warby because “(a) none of the represented class had suffered ‘damage’ under section 13 of the Data Protection Act 1998 (the ‘DPA’), (b) the members of the class did not anyway have the ‘same interest’ within CPR Part 19.6(1) so as to justify allowing the claim to proceed as a representative action, and (c) the judge of his own initiative exercised his discretion under CPR Part 19.6(2) against allowing the claim to proceed.”

The appeals court disagreed with Warby’s decision and found that there was an identifiable group who had suffered harm due to Google’s actions.

“For the reasons I have tried to give as shortly as possible, I take the view that the judge ought to have held: (a) that a claimant can recover damages for loss of control of their data under section 13 of DPA, without proving pecuniary loss or distress.”

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