Download This PaperMass Compensation Claims for Illegal Online Tracking
(2022) 138(April) The Law Quarterly Review 205-210
6 Pages Posted: 5 Mar 2022
Date Written: March 2, 2022
Abstract
Analyses the UK Supreme Court's decision in Richard Lloyd v Google LLC [2021] UKSC 50, [2021] 3 WLR 1268. Argues that, contrary to what a superficial reading of Lloyd may suggest, the UKSC judgment does not mean that illegal online tracking cannot be actionable per se or that representative compensation claims in data protection law have no chance of succeeding. Shows that the main lesson from Lloyd is that such claims should be framed differently from how Mr Lloyd framed his claim and that the UKSC shared some very instructive observations in this regard.
Keywords: damages, data protection, tracking, loss of control
JEL Classification: K13, K12, K11, K10, K40, K41
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