The Supreme court granted Google an appeal in part of the Court of Appeal decision in Google Inc v Vidal-Hall and others. The Court of Appeal originally granted three individuals the right to bring a claim against Google Inc for misuse of private information and breach of the Data Protection Act 1998, arising from Google cookies tracking their online behaviour without their knowledge or consent.
Google has sought permission to appeal on three grounds as to whether the Court of Appeal was right:
- the misuse of private information claims are claims to be made in tort;
- to hold section 13(2) of the DPA is incompatible with Article 23 of the Data Protection Directive; and
- to disapply section 13(2) of the DPA on the grounds that it conflicts with the rights in Article 7 (respect for private and family life) and 8 (protection of personal data) of the EU Charter of Fundamental Rights.
Permission was granted by the Supreme Court to the Appeal on the second and third grounds, but not on the first, which did not raise an arguable point of law.
To read the Court of Appeal decision, please click here.