부산대학교 도서관

Keywords: civil litigation; law and technology; privacy; data protection; class actions; representative action; compensation; user damages; negotiating damages In Lloyd v Google LLC [2021] UKSC 50, the Supreme Court overturned the Court of Appeal's decision, which had allowed a claim under the Data Protection Act 1998 to proceed as a representative action under CPR 19.6. This is significant because the Court of Appeal's decision arguably paved the way for further data protection/privacy claims to be brought as opt-out 'class actions' using this procedure. This case note summarises the Supreme Court decision and assesses its implications for both the procedural law of collective redress and the substantive law of privacy in England. It argues that the Supreme Court's reasoning in relation to both of these areas is sound as a matter of precedent and statutory construction. As a matter of public policy, the decision is likely to re-enliven debate about the availability of collective redress in English law and whether the existing collective proceedings regime should be broadened. Article Note: Barrister, Victorian Bar. I am grateful to Dr Eleni Katsampouka, Tim Ancev, Mohammud Jaamae Hafeez-Baig, Jakub Patela for their comments and suggestions. All errors and omissions are my own.