Recently preliminary motions were heard in a civil suit brought against Google by a UK based Apple User group for misuse of private information, breach of confidence and of the UK Data Protection Act of 1998. The suit alleges that Google circumvented Safari’s security settings to plant a cookie which then surreptitiously tracked online usage and deliver targeted advertising to Safari’s users during 2011 and 2012.

The claimants argued that by tracking online usage without claimants’ consent Google breached the UK Data Protection Act.  Google responded by arguing that the court had no jurisdiction to try the claims, rather that the case should be brought in California.  The High Court disagreed, pointing out the seriousness of the misconduct and declaring that Google was subject to jurisdiction in the UK.  Mr. Justice Tugendhat, sitting at London’s High Court, ruled that the UK courts were the “appropriate jurisdiction” to try their claims. Mr. Justice Tugendhat stated: “I am satisfied that there is a serious issue to be tried in each of the claimant’s claims for misuse of private information. The claimants have clearly established that this jurisdiction is the appropriate one in which to try each of the above claims.”

In October 2013, Google was successful in its bid to have a similar class action suit dismissed.  The federal judge who presided over the case concluded that the claims could not stand since, the plaintiffs could prove no specific measure of damages arising from Google’s alleged misconduct.  Google will, no doubt, appeal the ruling.  In other similar court actions, Google paid USD $17 million to settle a claim by U.S. state attorneys who accused Google of circumventing Safari’s security settings and paid USD $25 million to the Federal Trade Commission for similar misconduct.

Until the outcome of Google’s appeal and possibly the judgment in the case, what can be learned from Google’s misstep.  The legal trend is shifting towards the grant of greater privacy rights and privacy protection.  Claimants are sure to be provided more leeway to bring claims against company’s for breach of data protection laws and will be supported by the courts.  Take careful note of the outcome and learn from Google’s missteps.

If you have any questions or concerns about your company’s data privacy policy, please contact us.