Ratio Decidendi
Misuse of private information constitutes a tort. Damages for distress can be awarded under the Data Protection Act without the need to prove financial loss.
Facts
Google collected browsing data through Safari browsers without users' consent. Claimants sought damages for distress caused by the breach of their privacy.
Judgment Summary
The Court of Appeal held that misuse of private information is a tort, and that the DPA 1998 allows claims for distress without proof of financial loss, contrary to the literal interpretation.
Key Quotes
"Compensation for distress under the DPA should be available without proof of pecuniary loss."
— Lord Dyson MR
Subsequent Treatment
Applied
Applied under UK GDPR for distress-only data protection claims.