Google data breach case ‘could lead to millions of claims’

A BILLIOn-POUnD lawsuit against Google could open the floodgates for more mass claims over data privacy, the Supreme Court was told yesterday.

The landmark case centres on allegations that the technology firm secretly tracked the online activity of millions of iPhone users in england and Wales.

Judges must decide whether richard Lloyd – a former director of consumer group Which? – can bring the case on behalf of everyone affected.

While such class actions are common in the US, they can only be brought in the UK on an opt-in basis – all those involved must give their consent.

A similar case was launched last week against video- sharing app TikTok by the former children’s commissioner on behalf of millions of youngsters. It can go ahead only if the judgment in the Google case supports class actions.

Mr Lloyd alleges Google ‘cookies’ collected information on 4.4million iPhone users who used the Safari web browser in 2011 and 2012.

This included data on their health, race, ethnicity, sexuality and political affiliations – even though the users had chosen a ‘do not track’ privacy setting.

It is claimed this information was gathered to divide people into categories for advertisers. Google insists that no information was given to third parties.

Mr Lloyd, who is backed by campaign group Google You Owe Us, hopes to win between £1billion and £3billion in compensation for alleged breaches of the Data Protection Act.

The case was initially dismissed by the High Court, which ruled it was difficult to calculate how many people had been affected or whether they had suffered losses.

The decision was overturned by the Court of Appeal in 2019, whereupon Google appealed and the case is now at the Supreme Court.

Google’s lawyers said allowing a class action to go ahead could have ‘profound and far-reaching implications across all civil litigation’.

Antony White QC said claims had also been launched against Facebook and YouTube and a ruling in Mr Lloyd’s favour would ‘open the floodgates’. He said the alleged breaches had long ago ceased and a remedy already existed for any financial loss or distress.

Mr Lloyd’s lawyers said the case would give future victims ‘access to justice and a remedy which would otherwise be entirely absent’.

The hearing is expected to finish this afternoon with a ruling to come at a later date.