New ruling means compensation is now payable without the need to show financial loss in event of data breaches
Moore Blatch, one of the UK’s leading commercial and technology law firms, is warning Landlords that they could be hit with compensation claims in the event of a data protection breach even if no ‘financial loss’ occurs.
This follows the ruling in last month’s Google Inc. v Vidal-Hall Court case, where the Court of Appeal clarified the rules under the Data Protection Act 1988, which were previously interpreted as allowing compensation claims only if a data breach caused a financial loss.
Following clarification by the Court, Clause 13 of the Act will now be interpreted so that financial loss no longer needs to be shown for a compensation claim for emotional impact on the claimant, such as anxiety or distress. The previous interpretation had meant that compensation was not available for most breaches.
Furthermore, Moore Blatch warns that while all reputable organisations follow good data protection policies, more stringent practices need to be in place for data where a financial risk might be exposed by a data breach, such as the holding of bank or credit card details, as “appropriate measures” will be tougher in the financial sector.
The decision is likely to have a number of potentially wide-ranging implications, including an increase in claims for compensation under Clause 13, and a likely rise in class actions, in which a large number of individuals have suffered emotional distress or invasion of privacy due to the same data breach. Such claims could be very costly to Landlords in terms of damages.
John Warchus, partner, Moore Blatch, says: “Landlords, or indeed anyone in control of client data, will now have an even stronger incentive to comply with data protection rules. The decision by the Court of Appeal is also consistent with the likely future trend of data protection legislation – the draft EU Data Protection Regulation will mean that someone can seek damages regardless of a financial loss. Landlords should urgently review their data protection procedures and strengthen where necessary as more compensation claims are likely and the amount of damages awarded is also likely to increase.”
About Moore Blatch
Moore Blatch is one of the largest law firms in the South of England with major strengths in rural services, corporate and commercial, property, dispute resolution, personal injury, clinical negligence and private client. We also have specialist teams serving sectors such as the lending industry, land development and transport, with a strong reputation in health and safety law.
We have offices in Southampton, Richmond, Lymington, Whiteley and, in 2013, opened an office in the City of London.
A number of Moore Blatch teams and solicitors have been recognised as ‘leaders in their field’ in the Chambers UK 2014 directory and the Legal 500 2014.©LandlordZONE® – legal content applies primarily to England and is not a definitive statement of the law, always seek professional advice.