Lawyers behind a UK class-action style compensation litigation against Google for privacy violations have filed an application requesting permission to appeal against a recent High Court ruling blocking the proceeding.
In October Mr Justice Warby ruled the case could not proceed on legal grounds, finding the claimants had not demonstrated a basis for bringing a compensation claim.
The case relates to the so called ‘Safari workaround’ Google used between 2011 and 2012 to override iPhone privacy settings and track users without consent.
The civil legal action — whose claimants refer to themselves as ‘Google You Owe Us’ — was filed last year by one named iPhone user, Richard Lloyd, the former director of consumer group, Which?, seeking to represent millions of UK users whose Safari settings the complaint alleges were similarly ignored by Google, via a representative legal action.
Lawyers for the claimants argued that sensitive personal data such as iPhone users’ political affiliation, sexual orientation, financial situation and more had been gathered by Google and used for targeted advertising without their consent.
Google You Owe Us proposed the sum of £750 per claimant for the company’s improper use of people’s data — which could result in a bill of up to £3BN (based on the suit’s intent to represent ~4.4 million UK iPhone users).
However UK law requires claimants demonstrate they suffered damage as a result of violation of the relevant data protection rules.
And in his October ruling Justice Warby found that the “bare facts pleaded in this case” were not “individualised” — hence he saw no case for damages.
He also ruled against the case proceeding on another legal point, related to defining a class for the case — finding “the essential requirements for a representative action are absent” because he said individuals in the group do not have the “same interest” in the claim.
Lodging its application for permission to appeal today, Google You Owe us described the High Court judgement as disappointing, and said it highlights the barriers that remain for consumers seeking to use collective actions as a route to redress in England and Wales.
In the US, meanwhile, Google settled with the FTC over a similar cookie tracking issue back in 2012 — agreeing to pay $22.5M in that instance.
Countering Justice Warby’s earlier suggestion that affected class members in the UK case did not care about their data being taken without permission, Google You Owe Us said, on the contrary, affected class members have continued to show their support for the case on Facebook — noting that more than 20,000 have signed up for case updates.
If leave to appeal is granted, the legal team said it would argue that the High Court judgment was incorrect in stating the class had not suffered damage within the meaning of the UK’s Data Protection Act; and that the class had not all suffered in the same way as a result of the data breach.
Commenting in a statement, Lloyd said:
Google’s business model is based on using personal data to target adverts to consumers and they must ask permission before using this data. The court accepted that people did not give Google permission to use their data in this case, yet slammed the door shut on holding Google to account.
By appealing this decision, we want to give affected consumers the opportunity to get the compensation they are owed and show that collective actions offer a clear route to justice for data protection claims.
We’ve reached out to Google for comment.
Update: A Google spokesperson told us: “The privacy and security of our users is extremely important to us. The Courts have already dismissed this case, finding it to be without merit.”
This report was updated to clarify that the claimants have lodged an application for permission to appeal; rather than lodging an appeal itself
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