More on Google’s appeal in the Google v. Vidal-Hall case. After reviewing the significance of the lower court ruling, Phil Bradley-Schmieg writes:
Although Google appealed on all counts, the UK Supreme Court granted permission to appeal only in relation to the invalidity of Section 13(2) of the Data Protection Act. In doing so, it tacitly upheld the view that misuse of private information is indeed tortious in nature, thus allowing the claim in tort to proceed against Google, regardless of the eventual outcome of Google’s appeal on Section 13(2).
For now, that section of the Data Protection Act remains dis-applied, so unless and until the UK Supreme Court reverses the Court of Appeal’s decision, litigants will remain able to demand compensation for mere distress due to breaches of the Act.
Read more on Covington & Burling Inside Privacy.