In this case note, Josh Folkard considers the decision of the Court of Appeal in Vidal-Hall v Google, which clarifies:
- That privacy is protected in English law by a new tort of misuse of private information.
- The availability of damages for mere distress under the Data Protection Act 1998.
- The scope of the 'tort gateway' in Practice Direction 6B.
- That (at least some) articles of the EU Charter of Fundamental Rights have horizontal direct effect.
This decision significantly increases English law's protection of privacy, and makes it likely that far more successful claims will be brought against 'data controllers' under the Data Protection Act 1998. The case note also deals with some of the changes to the 'service out' gateways made with effect from 1 October 2015