Google has lost a Court of Appeal bid to prevent consumers having  the right to claim damages under DPA. In the case, three individuals complained that Google had collected private information about their Internet usage without their knowledge or consent. The individuals sought to claim compensation under section 13 of the DPA for damage and distress. Google argued that the claimants were not entitled to recover damages for distress as the claimants were not alleging that they suffered pecuniary loss in addition to their distress; and their claims do not relate to the processing for any of the special purposes. The Court of Appeal looked at whether “damage” under article 23 of the Directive 95/46/EC (Directive), which the DPA was intended to implement, includes non-pecuniary loss. The court held that article 23 of the Directive does not distinguish between pecuniary and non- pecuniary damage and therefore section 13 of the DPA, interpreted literally, has not effectively transposed article 23 of the Directive into UK domestic law. The court dismissed the appeal, holding that the claims raise serious issues which merit a trial.

Court of Appeal Judgment