The Court of Appeal has rejected an appeal of a previous ruling against Google that resulted in the dismissal of a privacy class action lawsuit against the company. The lawsuit initiated two years ago by law firm Mishcon de Reya concerns Google's AI subsidiary, DeepMind, for its part in the NHS data scandal involving London's Royal Free Hospital.
The court's decision, delivered on Wednesday, dismissed the claimant's appeal and struck out the claim.
Commenting on the ruling, Kate Scott, a partner at Clifford Chance, noted that the ruling aligns with the Supreme Court's stance in the Lloyd v Google case, highlighting the significant procedural hurdles that data privacy class actions face in the English High Court.
While the Court of Appeal acknowledged a reasonable expectation of privacy regarding patient-identifiable information, it stressed that this standard does not universally apply to all medical notes. Instead, the court indicated that the specifics of each claimant's situation would determine their privacy expectations, suggesting that the interests of class members may not be the same.
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