- The UK Court of Appeal has unanimously overturned a block on a class-action style lawsuit brought on behalf of four million iPhone users against Google – meaning the case can now proceed to be heard.
- The decision a High Court judge last year to block the action boiled down to the judge not being convinced claimants could demonstrate a basis for bringing a compensation claim.
- Historically there’s been a high legal bar for that as UK law has required that claimants are able to demonstrate they suffered damage as a result of data protection violation.
- The three legal questions it considered were whether a claimant could recover damages for loss of control of their data under section 13 of the UK’s Data Protection Act 1998 “without proving pecuniary loss or distress”; whether the members of the class had the same interest as one another and were identifiable; and whether the judge ought to have exercised discretion to allow the case to proceed.
Read full article: techcrunch.com