Author: Matt McConville

GDPR Team

Ian Kyle

Director

Matt McConville

Senior Associate

Lee Wall

Associate

Damien Gill

Senior Associate

Joseph Waters

Solicitor

Ground-breaking Judgment for Data Breach Claims

Before 2018, if someone had their data breached, they would have to prove how this privacy violation has affected them. However, following an appeal to a dismissed case against Google in late 2018 on the basis that it was too challenging to calculate how many people had been affected (and in what way), the Court has now reformed the data breach claims process for the better when one is a victim of a data breach.

In this original case against Google, it was argued that they had illegally harvested data when using cookies on Apple’s Safari web browser to collect data about its users. Now, the Court of Appeal has ruled that victims of a data breach can be successful in a civil claim for compensation even if they have not suffered any damage as a result.

Essentially, these claims are now deemed in law to be ‘strict liability’. If someone’s data has been breached in law, they automatically are entitled to an award of compensation regardless of whether the breached caused any harm to that person. Further, the Court of Appeal confirmed that this even applies to someone whose personal email address has been breached as everyone has the right to the protection of their personal data especially when such data has an economic value following the recent upturn in identities being sold for fraudulent usage.

As with any claim for compensation, a person can do this themselves by submitting a claim directly with the organisation responsible. However, it is always recommended that a specialist data breach solicitor should be instructed. This is especially when Irvings Law offer no win, no fee in respect of their fees for representing people (meaning should the matter lose, you pay nothing) and they also obtain an insurance policy to cover all of the costs of going to Court (if liability is disputed by the opponent) and if the case did indeed lose, this said insurance also covers the opponents legal fees. The insurance premium attached to the insurance policy is also only payable by the opponent upon successful conclusion of the said case and not their clients.

With instructing Irvings Law, you have a ‘free shot’ in bringing a claim with a specialist firm in this new and emerging area of law.

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