29/07/2021

11KBW Panopticon Blog

Significant new High Court judgment on data breach litigation

The High Court handed down a judgment on Friday which is of significant importance for data protection litigation, particularly accidental data breaches and the recoverability of After the Event (ATE) insurance premiums. The decision provides clarity on what causes of action can be brought in 'external attacker' data breach cases. 

The case involved a low-value claim against Dixons Carphone (DSG) relating to a 2018 data breach for misuse of private information, breach of confidence, breach of the Data Protection Act 1998, and negligence. DSG applied successfully to strike out / for summary judgment all causes of action except breach of the data security duty, which is under a separate appeal First-Tier Tribunal against the ICO's monetary penalty notice. 

UPDATE: 030821 - Pinsent Masons has published an excellent summary of the decision.

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