Google loses UK appeal court battle over 'clandestine' tracking

Google has failed in its attempt in the court of appeal to prevent British consumers having the right to sue the internet firm in the UK.

A group known as Safari Users Against Google’s Secret Tracking wants to take legal action in the English courts over what it says is Google’s tracking of Apple’s Safari internet browser.

It has accused Google of bypassing security settings in order to track users’ online browsing and to target them with personalised advertisements.

Three judges have dismissed Google’s appeal over a high court decision against it and ruled that claims for damages can be brought over allegations of misuse of private information.

Friday’s ruling was a victory for Safari Users, including editor and publisher Judith Vidal-Hall, and Robert Hann and Marc Bradshaw, who are both IT security company directors. They say Google’s “clandestine” tracking and collation of internet usage between summer 2011 and early 2012 led to distress and embarrassment among UK users.

They accuse Google of collecting private information without their knowledge and consent by the use of “cookies” – a small string of text saved on the user’s device.

Dan Tench, a partner at law firm Olswang, which represents the group, said the landmark case would decide “whether British consumers actually have any right to hold Google to account in this country”.

He said: “This is the appropriate forum for this case – here in England where the consumers used the internet and where they have a right to privacy.”