The case of Lloyd v Google was heard in the Supreme Court on the 28 and 29 April, with the Court set to decide in the case brought on behalf of an estimated 4.4 million iPhone users. The case, brought by the former Which? director Richard Lloyd, alleges that Google unlawfully gathered and exploited browser generated information (“BGI”) on Apple’s Safari browser, in breach of section 4(4) of the UK Data Protection Act 1998.

The case grants Mr. Lloyd, the representative claimant, permission to serve a representative claim out of the jurisdiction in the USA. Google has however urged the Supreme Court to throw out the case on the grounds that local law doesn’t allow for opt-out class action lawsuits.

The Supreme Court's decision may pave the way for new “opt-out” representative actions for data breach claims on the basis that all the claimants have lost control of their data.