Ratio Decidendi
Compensation for distress caused by data protection breaches can be claimed without proof of pecuniary loss. The DPA 1998 must be interpreted consistently with the EU Data Protection Directive.
Facts
Google used tracking cookies to collect browsing data from Safari users without their consent. The claimants sued for misuse of private information and breach of the Data Protection Act 1998.
Judgment Summary
The Court of Appeal held that compensation for distress under s.13 DPA 1998 did not require proof of financial loss. This aligned domestic law with the EU Directive.
Key Quotes
"Compensation for distress is not conditional upon proof of pecuniary loss."
— Lord Dyson MR
Subsequent Treatment
Applied
Applied in subsequent data protection claims including under UK GDPR.