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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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