The much-anticipated appeal in Google LLC v LLoyd will be heard next week by the Supreme Court. The appeal raises two issues:
· Is it legitimate to bring a single-claimant ‘representative’ action on behalf of the entirety of an affected class in a data breach, rather than the more usual group litigation?
· Can (alleged) victims of a data breach bring claims for ‘loss of control’ damages under data protection legislation (following the Court of Appeal’s decision in the context of misuse of private information in Gulati v Mirror Group Newspapers), in circumstances in which such victims have suffered no financial loss or distress?
These issues are of huge potential significance for the future of UK data protection mass claims, and indeed data protection compensation claims more generally.
Robin Hopkins and Rupert Paines (with Lord Anderson of Ipswich KBE QC) act for two of the interveners in the appeal, the Association of the British Pharmaceutical Industry and the Association of British Healthtech Industries, which have been given permission to intervene in the light of their concerns about the implications of the Court of Appeal’s judgment for their sectors. They are instructed by Kenny Henderson of CMS Cameron McKenna Nabarro Olswang LLP.
Christopher Knight (unled) acts for a further intervener in the appeal, the Internet Association, representing a wide array of technology companies, instructed by Harriet Ellis of Linklaters LLP.