UK Supreme Court granted Google permission to appeal the “Safari workaround” decision

Uksupremecourt

On July 28, 2015, the UK Supreme Court granted permission to appeal the Court of Appeal’s decision in Vidal-Hall -v- Google.

In March 2015, the Court of Appeal gave the leeway for UK data subjects to sue Google in England for cookies violations even if there was no pecuniary loss. More information on the ‘Safari Workaround’ case is available here.

Google applied for permission to appeal on the following grounds:

  1. Whether the Court of Appeal was right to hold the Claimant’s claims for misuse of private information are claims made in tort for the purposes of the rules relating to service out of the jurisdiction;
  2. Whether the Court of Appeal was right to hold that section 13(2) of the Data Protection Act 1998 was incompatible with Article 23 of the Directive;
  3. Whether the Court of Appeal was right to disapply section 13(2) of the Data Protection Act 1998 on the grounds that it conflicts with the rights guaranteed by Articles 7 and 8 of the EU Charter of Fundamental Rights.

The Supreme Court has granted permission to appeal on grounds 2 and 3 but not on ground 1″because this ground does not raise an arguable point of law.”

The Supreme Court will deal with the question of which are the damages that – according to Article 23, Directive 95/46/EC and the applicable UK law – give the right to compensation as a consequence of unlawful data processing operations.

The Supreme Court’s Order is available at https://www.supremecourt.uk…

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