It has been reported that permission to appeal to the Supreme Court has been granted in the interesting case of Lloyd v Google LLC.
The Court of Appeal found last year that users of Apple’s ‘Safari’ browser during a certain period should be allowed to serve proceedings against USA-based Google LLC for damages arising out of Google’s tracking their browser usage.
The Supreme Court will now hear appeals from that decision on several important points, most notably: whether damages are available for ‘loss of control of data’ even where no monetary loss or distress is evidenced.
If the Supreme Court confirm that ‘no loss’ damages are available, this is expected to increase the likelihood of representative ‘class action’ claims for data breaches.
The appeal is not likely to be heard until late 2020 or early 2021.