Lloyd v. Google LLC, and How Australia Is Tackling Privacy and Data Breach Litigation

Abstract

The much-anticipated judgment of the UK Supreme Court in Lloyd v. Google LLC [2021] UKSC 50; [2021] 3 WLR 1268 was handed down in November 2021. The decision challenges the notion that one’s data and its loss of control has an inherent value which is actionable in its own right. It is welcomed by Big Tech, other organizations that control data, and their insurers. The decision is a key case in the broader landscape of accountability of technology companies and is indicative of the disparity in data protection and privacy rights across different jurisdictions. This case note examines the key points arising from the case, and the comparable landscape for privacy and data breach litigation in Australia. Lloyd v. Google, Google, Privacy, Data Breach, Data Protection, Litigation, Australia, United Kingdom, Class Action