Appeal in Google v Vidal-Hall withdrawn

Google has withdrawn its appeal to the Supreme Court in  Vidal-Hall v Google Inc [2015] EWCA Civ 311.  Therefore the landmark Court of Appeal decision, discussed here on this blog, that damages can be awarded under the Data Protection Act 1998 for distress and anxiety, even if no financial loss suffered, will stand as good law.

Google had been seeking to appeal the decision by the Court of Appeal to disapply section 13(2) of the DPA as it was incompatible with the EU directive it was based on and that it conflicted with rights granted under the EU Charter of Fundamental Rights (see here for the relevant press release on the Supreme Court website).

Whilst it is disappointing that the Supreme Court have not been able to provide an authoritative decision on this point, particularly as permission had been granted to appeal, the position is now clear, at least for the immediate future. Claimants are now able to bring claims under the DPA in circumstances where the only claim is for distress and anxiety rather than financial loss.

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