In a recent High Court judgment, a representative action against Google was dismissed after it was held that claimants in the UK cannot successfuly bring 'opt-out' class actions. In Lloyd v Google, the claim that Google had breached the principles of the Data Protection Act 1998 was dismissed for a variety of reasons. The Court held that no actual harm could be identifed and that all the individuals being represented by Mr Lloyd did not have the same interest. Despite the judgment in this case, the UK Secretary of State is committed to reviewing whether data subjects should have to 'opt-in' by 2020, so companies like Google should watch this space.
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