Google moves to dismiss privacy advocates £400 small claims court challenge

Google has asked a county court to throw out a challenge being brought by a privacy campaigner against the firm for £400 over a dispute that changes to the firm's privacy policies are a breach of contract with his Android phone.

Alex Hanff, a former member of Privacy International, brought the case against Google last month, and having received no reply from the firm having filed the complaint, moved for a default judgement which would have seen him awarded his claim without Google's involvement.

However, he confirmed to V3 that on Saturday he received a letter from Google's solicitors asking him to withdraw the case, claiming he is suing the wrong legal entity - Google UK - and that the case needs to be filed in California, where the firm is headquartered.

However, Hanff claimed this was an unfeasible request and one that would still not provide clarity for consumers outside the US.

"I intend to challenge the request for dismissal on the grounds that Google UK is listed on Google's corporate website as their UK Office," he told V3.

"If the court upholds Google's request to dismiss then there is no effective remedy for plaintiffs in the UK (or any other country) as the cost of bringing a small claims case in California would be incredibly high."

He added that taking action against Google under US law in US courts would "not give a ruling under UK law" either.

Hanff later confirmed on Twitter that the court had granted the right to a hearing, giving him a chance to discuss the issue with the firm in public.

So I will get a chance to challenge #Google's defence in front of a Judge #privacy

— Alexander Hanff (@alexanderhanff) April 3, 2012

V3 contacted Google for comment but had received no reply at time of publication.

Google's changes to its privacy policies caused widespread outrage when they were introduced at the start of March, with French data protection regulators sending the firm a detailed list of 69 questions, on behalf of the European Commission, addressing several concerns with the changes.