IPhone user in 2011? You could be in line for £750
BRITISH judges have authorised a £3billion legal action against Google over claims that it sold the web browsing habits of iPhone users to advertisers.
The decision has been hailed as a landmark by consumer champions, who say the pioneering ‘ representative action’ case could lead to a new era of group lawsuits against big companies.
If it can be shown that four million British iPhone and iPad users suffered ‘damage’ they would be entitled to compensation. Legal experts say this would be likely to run to £200 or £300 per person. But they speculated that it could be as much as £750, which would take the total to a mammoth £3.3billion.
Google has been fined more than £30million in the US over the scandal in 2011 and 2012. The UK case had been blocked by a judge in the High Court but the Court of Appeal yesterday reversed that decision.
Richard Lloyd, a ex- director of Which? who is spearheading the UK battle, said: ‘Today’s judgment sends a very clear message to Google and other large tech companies – you are not above the law.’
Google is accused of getting round the security on Apple’s Safari web browser to harvest data on finances, shopping habits, location, ethnic origin, physical and mental health, politics, sexuality, sexual interests and social class. Hugh Tomlinson QC, representing Mr Lloyd, said information was then ‘aggregated’ and users were put into groups such as ‘football lovers’ or ‘current affairs enthusiasts’ to be sold to subscribing advertisers.
He said the data was collected and collated via ‘clandestine tracking’ known as the ‘Safari Workaround’.
Mr Lloyd, who leads the group Google You Owe Us, said: ‘Google can be held to account in this country for misusing people’s personal data, and groups of consumers can together ask the courts for redress when firms profit unlawfully from “repeated and widespread” violations of our data protection rights.’
Martin Lewis, of MoneySavingExpert.com, said the ruling was ‘hugely significant’ because it was likely to lead to similar actions.
Anyone in England and Wales between June 2011 and February 2012 who had an Apple ID, an iPhone or iPad that they used to go online with its default settings would automatically be included in the claim. If the case succeeds, people will have to provide proof of these details.
Google’s lawyers insist the ‘workaround’ did not lead to individual data being passed to third parties. A spokesman said: ‘This case relates to events ... nearly a decade ago and that we addressed at the time.’