Safari users win right to sue Google over privacy

Google has lost a Court of Appeal bid to stop
consumers having the right to sue in the UK over
alleged misuse of privacy settings.
A group of users claim that Google bypassed
security settings on the Safari browser to install
tracking cookies on their computers in order to
target them with advertising.
Google said it was "disappointed with the court's
decision".
One of the claimants called it a "David and Goliath
victory".
The case revolves around a so-called Safari
workaround, which allegedly allowed Google to
avoid the Safari web browser's default privacy
setting to place cookies, that gathered data such as
surfing habits, social class, race, ethnicity, without
users' knowledge.
Safari is a browser used on Apple computers, iPads
and other devices while cookies are small text files
stored by browsers which can record information
about online activity, and help some online services
work.
Google had attempted to prevent the action,
claiming there was no case to answer because
consumers had suffered no financial harm.
In its judgement, the Court of Appeal said: "These
claims raise serious issues which merit a trial.
"They concern what is alleged to have been the
secret and blanket tracking and collation of
information, often of an extremely private nature…
about and associated with the claimants' internet
use, and the subsequent use of that information for
about nine months. The case relates to the anxiety
and distress this intrusion upon autonomy has
caused."
Landmark case
"The Court of Appeal has ensured Google cannot
use its vast resources to evade English justice,"
said Judith Vidal-Hall, one of three claimants.
"Ordinary computer users like me will now have the
right to hold this giant to account before the courts
for its unacceptable, immoral and unjust actions."
The landmark case potentially opens the door to
litigation from the millions of Britons who used Apple
computers, iPhones, iPods and iPads during the
relevant period, summer 2011 to spring 2012, said
Jonathan Hawker who represents the Google Action
Group, a not-for-profit company set up to manage
claims against the internet giant for breach of
privacy.
Dan Tench, a partner at law firm Olswang who is
acting for the claimants, welcomed the decision.
"Google, a company that makes billions from
advertising knowledge, claims that it was unaware
that was secretly tracking Apple users for a period
of nine months and had argued that no harm was
done because the matter was trivial as consumers
had not lost out financially.
"The Court of Appeal saw these arguments for what
they are: a breach of consumers' civil rights and
actionable before the English courts. We look
forward to holding Google to account for its
actions."
Google has already paid fines of over $40m related
to this incident in the US. It was fined by the Federal
Trade Commission (FTC) and separately by 38 US
states.