Data protection

The first defendant, Google, sought to strike out the claimant’s proceedings, claiming damages and injunctive relief with respect to images and footage of private sexual activity, or judgment in its favour on the basis that the claimant had no prospect of success. The Queen’s Bench Division, in dismissing the application held that the claimant’s primary case on ss 10 and/or 13 and 14 of the Data Protection Act 1998 was not such that it had no real prospect of success. On the contrary, it seemed to be a viable claim which raised questions of general public interest which ought to proceed to trial.