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25 March 2022 / Fergus McCombie
Issue: 7972 / Categories: Features , Cyber
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Damages & distress: data protection leaks in court

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The UK courts have been exploring the limits of litigation brought by or on behalf of data subjects where there has been unlawful transmission or disclosure of personal data: Fergus McCombie of 36 Commercial surveys the state of play
  • The UK courts have shown a willingness to analyse damages and procedural matters in low-level data protection claims along traditional English law lines.
  • There are challenges to that approach where there has been mere loss of control of personal data.
  • This article considers cases of deliberate or inadvertent access gained by third parties, other than the controller or data subject, to personal data.

In Warren v DSG Retail Ltd [2021] EWHC 2168 (QB), Saini J considered a claim of low value brought against Dixons Carphone (DSG) arising from a cyber attack, perpetrated in 2018, by which the attackers gained credit card and other personal data. The Information Commissioner’s Office (ICO) had already issued a monetary penalty notice in the sum of £500,000. A private claim was brought

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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