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14 J. Media L. 1 (2022)

handle is hein.journals/joomaw14 and id is 1 raw text is: 


JOURNAL OF MEDIA LAW
2022, VOL. 14, NO. 1, 1-10
https://doi.org/10.1080/17577632.2022.2089629


Routiedge
Taylor & Francis Group


Compensation for loss of control over personal data
John  Hartshorne
Leicester Law School, University of Leicester, Leicester, UK


ARTICLE HISTORY  Received 29 April 2022; Accepted 9 June 2022
KEYWORDS   Data Protection Act 1998; UK General Data Protection Regulation; Data Protection Act
2018; compensation for loss of control over personal data; misuse of private information



Introduction

There  have  been  few  decisions  possessing  as much   potential to  open  the
'floodgates' of litigation as that of  the Supreme   Court   in Lloyd  v Google
LLCI  in November 2021. If the representative action in this case had been
allowed  to  proceed,  more   than  four  million  affected  individuals  would
have  been  afforded  the  opportunity   to seek damages from Google for a
breach  of the Data  Protection  Act  1998 (DPA   1998),  exposing  Google  to a
liability in the region of £3 billion. The case would  also have acted as a pre-
cedent  in support of the commencement of similar representative mass data
protection  claims. This commentary considers the implications of the rejec-
tion of the claim in Lloyd. It also explores some  significant remarks made   by
Lord  Leggatt JSC, delivering the unanimous   judgment   of the Supreme  Court,
concerning   the tort of misuse of private information  (MPI)  and  its relation-
ship with  actions under  the DPA   1998.


CONTACT  John Hartshorne  john.hartshorne@leicester.ac.uk
'[2021] UKSC 50, [2021] 3 WLR 1268.
© 2022 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDer-
ivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distri-
bution, and reproduction in any medium, provided the original work is properly cited, and is not altered,
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