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\u2019s security settings to plant a cookie which then surreptitiously tracked online usage and deliver targeted advertising to Safari\u2019s users during 2011 and 2012.<\/p>\n
The claimants argued that by tracking online usage without claimants\u2019 consent Google breached the UK Data Protection Act.\u00a0 Google responded by arguing that the court had no jurisdiction to try the claims, rather that the case should be brought in California.\u00a0 The High Court disagreed, pointing out the seriousness of the misconduct and declaring that Google was subject to jurisdiction in the UK.\u00a0 Mr. Justice Tugendhat, sitting at London\u2019s High Court, ruled that the UK courts were the \u201cappropriate jurisdiction\u201d to try their claims. Mr. Justice Tugendhat stated: \u201cI am satisfied that there is a serious issue to be tried in each of the claimant\u2019s 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.\u201d<\/p>\n
In October 2013, Google was successful in its bid to have a similar class action suit dismissed.\u00a0 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\u2019s alleged misconduct.\u00a0 Google will, no doubt, appeal the ruling.\u00a0 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\u2019s security settings and paid USD $25 million to the Federal Trade Commission for similar misconduct.<\/p>\n
Until the outcome of Google\u2019s appeal and possibly the judgment in the case, what can be learned from Google\u2019s misstep.\u00a0 The legal trend is shifting towards the grant of greater privacy rights and privacy protection.\u00a0 Claimants are sure to be provided more leeway to bring claims against company\u2019s for breach of data protection laws and will be supported by the courts.\u00a0 Take careful note of the outcome and learn from Google\u2019s missteps.<\/p>\n
If you have any questions or concerns about your company’s data privacy policy, please contact us.<\/p>\n","protected":false},"excerpt":{"rendered":"
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\u2019s security settings to plant a cookie which then surreptitiously tracked online usage … Continue reading What Can Be Learned from Google\u2019s Missteps.<\/span>