The High Court has blocked a mass legal action against Google over allegations it collected personal data from iPhone users to help its advertisers.

The case was brought by a campaign group on behalf of more than four million iPhone users in a so-called representative action.

Such a legal vehicle is similar to a class action lawsuit but one that people do not need to sign up to.

Google You Owe Us (GYOU), led by former director of the consumer group Which? Richard Lloyd, complained that the US tech firm bypassed the default privacy settings on people’s phones to collect data unlawfully between June 2011 and February 2012.

The company is alleged to have placed cookies on the Safari browser to track users’ movements and habits.

The profiles, GYOU argued, helped Google’s advertisers target their marketing more effectively.

The group is seeking total compensation for the iPhone users of at least £1bn, claiming a breach of duty under the Data Protection Act (DPA).

Mr Justice Warby had been told in an earlier hearing that Google had paid out millions to settle similar claims in the United States.

GYOU went to court to seek permission to serve its action on Google because it is a foreign-owned entity.

But the company argued that the type of representative action was unsuitable, adding it was not possible to identify those who may have been affected.

Lawyers for the California-based company also said there was suggestion that any information had been disclosed to third parties.

In announcing his decision, the judge said: “There is no dispute that it is arguable that Google’s alleged role in the collection, collation, and use of data obtained via the Safari workaround was wrongful, and a breach of duty.”

He added that the main issues in the application were whether the “pleaded facts disclose any basis for claiming compensation” under the DPA and, if so, “whether the court should or would permit the claim to continue as a
representative action”.

The judge said he had concluded that the answer to both those questions “is no”.

He said the facts alleged did “not support the contention that Mr Lloyd or any of those whom he represents” had suffered damage within the meaning of the DPA.

Mr Lloyd, who is seeking an appeal, said after the ruling: “Today’s judgement is extremely disappointing and effectively
leaves millions of people without any practical way to seek redress and compensation when their personal data has been misused.

“People are only now beginning to realise the implications of losing control of their personal data in this way.

“Closing this route to redress puts consumers in the UK at risk and sends a signal to the world’s largest tech companies that they can continue to get away with treating our information irresponsibly.

“This is an analogue decision in a digital age. There now seems no alternative but for the Government to fill this gap by legislating to give groups of consumers the right to affordable collective redress.”

–

Source: Sky News