Google loses bid to block Apple Safari privacy lawsuit

Google has lost a bid to prevent Apple Safari users in the UK suing the firm for allegedly tracking Safari users without authorisation.

The Court of Appeal has ruled that it won't block the privacy lawsuit, meaning that three claimants can continue their legal battle against the ftech giant.

In a decision by the court, it said the 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, as specified in the confidential schedules, about and associated with the claimants' internet use, and the subsequent use of that information for about nine months," the judgement added.

The case concerns a workaround in Safari which allegedly enabled Google to circumvent Safari web browser's default privacy setting in order to place cookies. This meant data could be gathered about a user without their knowledge.

Google tried to stop the action, claiming that there was no case to answer as consumers had suffered no financial harm. The Court of Appeal also confirmed the Mr Justice Tugendhat judgement in the High Court that breach of privacy is a tort - a civil, rather than criminal, wrongdoing - dismissing Google's argument.

One of the three claimants against Google, Marc Bradshaw, welcomed the decision.

"This is a David and Goliath victory," he said. "The Court of Appeal has ensured Google cannot use its vast resources to evade English justice. 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 plaintiffs' law firm Olswang LLP called it a landmark ruling.

"This is an important decision that prevents Google from evading or trivialising these very serious intrusions into the privacy of British consumers," said Dan Tench, partner at Olswang, acting for the claimants.

"Google, a company that makes billions from advertising knowledge, claims that it was unaware that [it] 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," he added.

Google has already had to pay fines in the US totalling $40 million relating to this incident.

IT Pro has approached Google for comment.