Updated GDPR Legislation & Case Law

In addition to a previous Articles on Data Protection legislation (https://databreachclaim.uk/the-law-in-data-breach-cases/ and https://databreachclaim.uk/ground-breaking-judgment-for-data-breach-claims/), the law surrounding data breach claims has evolved further following recent decisions by the judiciary but Claimants will be pleased to know that it is far from being the end of the road for them being successful in such actions for mishaps committed by data controllers despite what the lawyers for them data controllers may say.

In short, before 2018, if someone had their data breached, they would have to prove how this privacy violation has affected them. However, following the implementation of GDPR, the Court of Appeal decided against this meaning that essentially, such data protection infringements were deemed in law to be ‘strict liability’. This meant that if someone’s data had been breached in law, they were automatically entitled to an award of compensation regardless of whether the breached caused any harm to that person. In response to this decision though and on appeal of the same, the Supreme Court has now since reverted the law back to how it was prior to 2018 meaning that any Claimant must show that they has been materially affected by the data breach they complain about. Further to this and subsequently, the lower Courts have since extended the interpretation of the Supreme Court’s view meaning that such affect must also be above a minimum threshold and be more than trivial.

At Irvings, we understand that every person has a varying response to a data breach of their information; some may not be too concerned whereas it may be significant to others. Due to these legal developments, we always would recommend that a specialist data breach solicitor like ourselves be instructed to deal with any challenge that a data controller may provide in response to a claim following an alleged breach. We have vast experience in dealing with varying effects from a data breach as suffered by our clients from the lower end of such distress above the minimum threshold to the diagnosis of a recognised psychiatric disorder where treatment is needed not to mention relocation too if the breach puts that client’s safety at risk. We remind everyone that we offer no win, no fee in respect of our fees for representing those whom are victim to a data breach meaning that should the matter lose, our clients pay nothing as they also will be covered by an insurance policy in relation to their opponent’s costs and getting the matter to Court too. With instructing Irvings Law, not only do we understand the above legal developments, we have also since not wavered in our success in bringing your ‘free shot’ a claim in this specialist area of law.