Google Defeats UK Privacy Lawsuit Over Medical Data Deal
LONDON (Reuters) – Google has successfully defeated an appeal in a UK court regarding a privacy lawsuit linked to a controversial medical data deal. On Wednesday, London’s Court of Appeal upheld a decision made by the High Court, dismissing a lawsuit filed by a hospital patient, Andrew Prismall, on behalf of 1.6 million individuals whose medical records were provided to Google without their consent.
The case dates back to 2015 when the Royal Free London NHS Trust, a public health trust in the UK, transferred a vast amount of patient data to Google’s artificial intelligence (AI) subsidiary, DeepMind Technologies. The aim was to develop a mobile app capable of detecting early signs of kidney injuries. However, the transfer of this sensitive data sparked a legal challenge and raised serious concerns about the privacy of NHS patients.
In 2017, the UK’s Information Commissioner’s Office (ICO), the country’s data protection regulator, ruled that the Royal Free Trust had violated data protection laws. It determined that the trust had improperly shared patient data with DeepMind without obtaining the necessary patient consent. This decision prompted further legal action, as patients argued their privacy had been breached by the NHS and Google.
In 2022, Prismall, a patient at the Royal Free NHS Trust, filed a lawsuit seeking damages on behalf of 1.6 million people whose data had been transferred to DeepMind. The lawsuit alleged that the patient data was misused, and that the individuals had not been adequately informed or asked for consent regarding the use of their medical records for AI development.
The case made headlines due to its scope, with Prismall and his legal team claiming that the sharing of such data constituted a major violation of privacy rights. However, last year, London’s High Court ruled that the claimants in the lawsuit could not establish that their data had been misused, nor could they demonstrate any reasonable expectation of privacy in relation to the use of the data by the NHS and Google. This ruling effectively dismissed the lawsuit, but Prismall’s legal team pursued an appeal, hoping to revive the case.
On Wednesday, the Court of Appeal also sided with Google, dismissing Prismall’s appeal. The court concluded that there was insufficient evidence to support the claims of misuse or a breach of privacy. As a result, the case was closed, and Google successfully defended its involvement in the data-sharing arrangement.
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While Prismall’s lawyers declined to comment following the ruling, the decision has been a significant victory for Google, DeepMind, and the Royal Free Trust. The case has also raised broader questions about the use of personal data in AI development and the responsibilities of institutions like the NHS when handling sensitive patient information.
Google, for its part, did not immediately respond to requests for comment regarding the ruling. However, the company has previously defended the arrangement with the Royal Free Trust, asserting that the data was used solely for research purposes aimed at improving healthcare and that no patient was individually identifiable in the data set shared with DeepMind.
The case has highlighted ongoing concerns about privacy and data security, particularly in the context of AI and big data. It also underscores the growing scrutiny of how tech giants like Google handle personal data, especially when it comes to sensitive areas like health.
Despite this legal setback, Google and DeepMind continue to face regulatory scrutiny across various regions. The ruling in the UK, however, strengthens the argument that tech companies, even in sensitive areas like healthcare, can continue to push forward with AI-driven innovations, as long as they adhere to relevant data protection regulations. However, with privacy advocates calling for stricter oversight, this case may not be the last word on the intersection of AI, healthcare, and privacy law.
