A claim by Google for billions in damages arising from the alleged illegal tracking of millions iPhones has been rejected by the Supreme Court of England.
Judge ruled that claimant failed to show damage to people by data collection.
However, he didn’t rule out future mass-action suits if damage could be calculated.
This case could have implications for mass actions similar to it.
It was ruled that the claim “has been constructed in order to seek to bring it up as a representative proceeding” for many.
“The claimant is seeking damages…for each member of the representative class, without trying to prove that Google made any wrongful use of their personal data or that they suffered any material harm or distress as the result of the breach,” the statement read.
These facts cannot be proved in a damages claim.
It stated that there was a real chance for success if the claimant pursued the matter as an individual and not as a collective action.
Richard Lloyd, former director of Which? Consumer Rights Group, brought the Google case. The Google case – brought forward by Richard Lloyd (ex-director of consumer rights organization Which?
The plaintiff sought damages for the affected users of the iPhone. The fine Google would have levied could have reached the millions, even though each iPhone owner would only have received a tiny amount.
The case, which has been ongoing since 2017, was heard by the High Court as well as the Court of Appeal. It then reached the Supreme Court of the United Kingdom.
It might have been a success, and opened up the door to more mass lawsuits against tech companies that are responsible for data breaches.
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