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WHO IS BRINGING A REPRESENTATIVE CLAIM AGAINST YOUTUBE AND WHY?



Since at least 25 May 2018, YouTube has been unlawfully tracking children when they watch YouTube in England and Wales. This claim is to stop YouTube from breaking the law and recover compensation for affected children and their parents.

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Duncan McCann, a father of three children who lives in the UK, is bringing this claim on behalf of affected children and their parents.

If Mr McCann is successful, every child who has watched YouTube since 25 May 2018 in England and Wales may be entitled to compensation, along with their parents.

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A representative claim may be brought by a claimant where they have suffered the same damage as others. It is a way in which a group of people who have all been affected by the same type of unlawful activity can bring a claim.

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YouTube has lots of great content for children. However, children should be able to watch videos on YouTube without being unlawfully tracked. In an era where technology is increasingly important in all of our lives, children’s data and privacy rights must be protected.

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The defendant is Google Ireland Limited. This is because, according to Google’s Privacy Policy, Google Ireland Limited is the company within the Google corporate group that is responsible for processing YouTube users’ information and for complying with applicable data protection and privacy laws.

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Hausfeld & Co LLP are the lawyers providing legal advice and support to Mr McCann.

Vannin Capital, a commercial litigation funder, has agreed to finance the claim.

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Mr McCann is bringing the case on behalf of all children and parents who have been affected by YouTube’s breaches in the same way.

To assist him in his role, Mr McCann has established an advisory committee of individuals experienced in the legal, technology and policy areas relevant to the claim. The committee’s role is to advise Mr McCann to ensure that the claim is run in a way that is in the best interests of the affected children and their parents.

The members of the advisory committee are:

  1. Sir Michael Tugendhat - Former senior media judge of the High Court and a leading expert on privacy law.
  2. Baroness Beeban Kidron - Chair of the 5Rights Foundation, a charity advocating for children’s rights in the digital world.
  3. Dr Reuben Binns - Associate Professor at the Department of Computer Science, University of Oxford, and former AI and data protection Fellow at the Information Commissioner’s Office (ICO).
  4. Oliver Hayes - Policy and Campaigns Lead at Global Action Plan, a charity challenging consumerism and advocating for environmental sustainability, including campaigns against targeted advertising to children.

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If the case is successful, each affected child and parent will be entitled to claim their portion of the compensation. The exact amount of money to which each affected child and parent is entitled will be determined by the court but could be in the region of £100 - £500.

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The claim was served on the defendant on 29 July 2020. Mr McCann has agreed with the defendant to wait until a judgment from the Supreme Court of England and Wales in a different representative claim also concerning data protection and privacy law, Lloyd v Google, is published before this claim progresses. That judgment will clarify how representative claims of this kind should be brought in England and Wales. We expect the in Lloyd v Google judgment will be published in mid-2021 and following that judgment Mr McCann’s claim will proceed.

Mr McCann’s claim may take a couple of years to get to trial and for compensation to be paid. You can keep up to date on Mr McCann’s claim, its progress, and any related news, here.

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Hausfeld & Co LLP is a law firm specializing in disputes, with expertise in large scale, complex disputes against major companies. Hausfeld has significant experience in all aspects of group claims and collective redress and are experienced in managing litigation against global “Big Tech” companies.

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Vannin Capital is a leading litigation funding firm, who will be funding the claim in return for a share of any compensation awarded should the claim be successful.

Vannin is a member of the Association of Litigation Funders of England and Wales and complies with that organisation’s Code of Conduct.

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Foxglove is a team of lawyers, technology experts, and communications specialists experienced in holding big tech companies accountable for their suspected misuses of digital technology.

Their role in this representative action is to support the activities of the legal and expert teams and advisory committee that has been put together by Mr McCann.

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AM I PART OF THE REPRESENTATIVE CLAIM AND WHAT IS NEEDED FROM ME?



If each of your children meet the criteria set out below, then you and your children are automatically included in the representative claim.

Criteria:

  1. Each child has used the YouTube main site (www.YouTube.com) in the period since 25 May 2018;
  2. At the time of using YouTube’s main site the child was under the age of 13;
  3. At the time of using YouTube’s main site the child was resident in England and Wales; and
  4. You, as the parent / holder of parental responsibility, were resident in England and Wales at the time the child used YouTube’s main site.

If you would like to register your interest and receive updates in relation to the representative claim, please click here.

If the claim is successful and you and your children qualify to participate; you will need to register and confirm that your child/children meet the above criteria before you can claim your compensation.

Please note that any data submitted by you in respect of you and your children will be stored in accordance with our Privacy Policy and Terms of Use.

If you do not wish to be part of the claim you will need to opt out of the action. Opting out will be a simple process and you will not need to give a reason. If you do opt out you will not be eligible to receive a payment if the claim succeeds.

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You do not need to do anything.

If you would like to be kept up to date on the progress of the claim, please register here.

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WHAT DOES THE REPRESENTATIVE CLAIM MEAN FOR ME?



No. The affected children and parents on whose behalf the claim is brought will not pay costs or fees to participate in this legal action and have no financial risk in relation to the claim, which is being funded by Vannin Capital, the litigation funder.

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If you have questions or would like any further information, please contact Mr McCann’s legal team here.

For media information. please contact:

Conal Walsh / Jack Myers
youtube@palatine-media.com

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