Equity, the common-law and civil law all beginning to catch up with Google’s misuse of private information. How much longer, one wonders, will the recent on-line buisiness model of profiting from private information last?

gavc law - geert van calster

[Postscript 26 august 2015: the UKSC granted Google leave to appeal on 28 July 2015]

[Postscript 27 March 2015: today the Court of Appeal confirmed the High Court ruling. Emma Cross has immediate analysis here.]

In Vidal-Hall et al v Google Inc, the High Court assessed its jurisdiction against Google Inc and found no reason to apply forum non conveniens. Google UK was not involved, the Jurisdiction Regulation (44/2001) does not apply.

Claimants allege that Google misused their private information, and acted in breach of confidence, and/or in breach of the statutory duties under the Data Protection Act 1998 s.4(4) (“the DPA”), by tracking and collating, without the claimants’ consent or knowledge, information relating to the claimants’ internet usage on the Apple Safari internet browser. Applying the Spiliada criteria, Tugendhat J first of all dismissed the relevance of the location of documents, serving Google a dose of its…

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