Kingsley Hayes, Head of Data Breach, comments in Global Data Review in relation to the recent DSG Retail judgment.
“The judgment in this case is disappointing in that it does appear to have been based on what the court and indeed claimants’ counsel described as an extremely poorly-presented case on the pleadings. Nonetheless, the court has provided a view around the utilisation of the tort of misuse of private information that whilst very fact-specific, does relate to a breach that occurred pre-GDPR and [Data Protection Act] 2018, and does not appear to account for all the relevant authorities in this area.”
“There is nothing in this judgment that would lead Keller Lenkner to the view that cases involving security breaches would become unviable economically and indeed to the contrary, Keller Lenkner is committed to ensuring that consumers are able to access justice in the fight to obtain appropriate redress against well-funded corporate entities.”
Kingsley’s comments were published in Global Data Review, 4 August 2021, and can be found here.