All posts
28.06.22
Privacy claim requires ‘positive act’ by the defendant to demonstrate misuse of private information
Percy Preston of Brett Wilson LLP is interviewed about the High Court’s decision in Smith and others v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB) Information Law analysis: This judgment concerned several applications in a claim based on alleged mass data breaches. The claimants sought damages from the defendant in the tort of misuse…
Read more10.01.22
Lexis Nexis Interview: Misuse of private information claims – where are we after Lloyd v Google?
Percy Preston of Brett Wilson LLP is interviewed about the future of misuse of private information claims after the Supreme Court’s decision in Lloyd v Google [2021] UKSC 50 What are the key points the Supreme Court made in Lloyd v Google regarding misuse of private information claims? It is important to note that the…
Read more19.10.21
Neighbour CCTV harassment and data protection claim succeeds
Introduction On 12 October 2021, Oxford County Court handed down judgment in Fairhurst v Woodard (Case No: G00MK161). A dispute between neighbours over the use of cameras for security purposes, the case gave rise to successful claims in harassment and data protection, and offers an important note of caution for those looking to install surveillance…
Read more15.05.19
Supreme Court grants permission to appeal in mass data breach case
The Supreme Court has granted the defendant supermarket chain permission to appeal the Court of Appeal’s decision in WM Morrison Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339. The appeal will consider the principle of vicarious liability in respect of statutory data protection claims and common law misuse of private information claims. The claim…
Read more16.04.19
Pregnancy club fined £400,000 for sharing personal data of 14 million individuals
Bounty UK, an online club for pregnancy and parenthood advice has been fined £400,000 by the Information Commissioner’s Office (‘ICO’) following the discovery that the personal data of its users had been shared with 39 other companies without informed consent. A copy of the Monetary Penalty Notice can be found here. Bounty UK collected personal…
Read more11.01.19
Victory for Google at European level on the scope of delisting
On 10 January 2019, Advocate General Maciej Szpunar provided his written opinion to the Court of Justice of the European Union (‘CJEU’) on the territorial scope of requests to delist search engine results under the ‘right to be forgotten’ principle, which (in the context of search engines at least) was established in May 2014 in…
Read more7.12.18
YouTuber who persistently breached injunction jailed for four months
In Al-Ko Kober Ltd and another v Sambhi Mr Justice Nicol sentenced Balvinder Sambhi to four months’ imprisonment for contempt of court for repeated breaches of an injunction. Mr Sambhi had set up his own YouTube channel and used it, amongst other things, to publish a series of videos which made derogatory comments about one of…
Read more16.11.18
Employer held liable for employee’s data breach, even though his objective was to damage them
On 22 October 2018, the Court of Appeal dismissed the supermarket chain’s appeal in the case of Various Claimants v WM Morrison Supermarkets PLC [2018] EWCA Civ 2339, where Morrisons had been held vicariously liable at first instance for a mass data breach caused by the criminal act of a rogue employee (see our blog…
Read more23.09.18
Barrister fined by ICO as unencrypted client data is uploaded on to the internet
A senior barrister has been fined £1,000.00 by the Information Commissioner’s Office (‘ICO’) after unencrypted client data was accidentally uploaded to the internet by her husband. A total of 725 documents, containing information belonging to up to 250 people, were temporarily uploaded to an internet directory when the barrister’s husband was updating software on the…
Read more3.09.18
Air Canada data Leak could result in hefty fine and lead to claims
Air Canada has reported that their app has been subject to a data breach resulting in the theft of data from around 20,000 accounts. It states that it detected unusual activity between 22 and 24 August 2018 and as a precaution locked all 1.7 million accounts held with the company. The source of the breach…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
