Google Inc v Vidal-Hall [2015] EWCA Civ 311

Google was found to be using tracking cookies in order to secretly obtain data about its users’ online activity. A group of the latter sought to obtain corresponding damages for distress suffered, on the basis of s. 13 of the Data Protection Act 1998. At first instance, the claimants have been granted the permission for the trial to be conducted in England. On appeal, after stating that misuse of private information is a valid tort for the purpose of serving out of jurisdiction and that the claim could be for non-pecuniary loss, the court upheld the lower instance judgement.