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VWV Successfully Defends Landmark Data Breach Claim

on Monday, 25 October 2021.

We have successfully defended a data breach claim which has ruled against any entitlement to damages. This decision is a clear move towards a turn in the tide for data claims, stemming from trivial data incidents such as this one.

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The situation from which the claim arose is one that many businesses will be able to relate to and have possibly faced claims against.

Data breach claims in respect of minor incidents with minimal data involved are sadly becoming very common. Until now, there has been little, if any, case law dismissing such actions. This landmark decision by the High Court will be welcomed by almost all businesses.

In modern day professional life, it is inevitable that from time to time something will be emailed in error to an incorrect recipient. It is increasingly common for businesses and other organisations to face claims against them for data incidents like this, often with claimants seeing a one-off minor mistake as an opportunity to seek financial compensation in a situation where they have suffered only minimal (if any) loss.

VWV and Felicity McMahon of 5RB have been successful in an application for summary judgment to dispose of a claim brought by individuals who tried (but failed) to argue they were entitled to damages resulting from loss and distress caused by a trivial data breach.

In 2019, VWV sent a letter in relation to a debt claim to two individuals. The letter contained a nominal amount of personal information.

Unfortunately, when sending the letter of claim out, there was a single letter typographical error in one of the email addresses, and it was sent to an incorrect recipient. The incorrect recipient promptly responded indicating they thought they had received the email in error, and then at VWV's request confirmed the email had been deleted the next day.

A claim was then issued against VWV by the parties to whom the letter was supposed to have been sent for (amongst other things) damages for misuse of private information, damages for breach of confidence, damages for negligence, damages pursuant to Article 82 of the GDPR and damages pursuant to section 169 of the Data Protection Act 2018.

The case was heard by Master McCloud in the Queen's Bench Division of the High Court and summary judgment was granted in VWV's favour. In the judgment, Master McCloud agreed with the arguments put forward by Counsel and VWV, concluding:

"What harm has been done, arguably? We have here a case of minimally significant information, nothing especially personal such as bank details or medical matters, a very rapid set of steps to ask the incorrect recipient to delete it (which she confirmed) and no evidence of further transmission or any consequent misuse (and it would be hard to imagine what significant misuse could result, given the minimally private nature of the data).

We have a plainly exaggerated claim for time spent by the claimants dealing with the case and a frankly inherently implausible suggestion that the minimal breach caused significant distress and worry or even made them ‘feel ill’. In my judgment no person of ordinary fortitude would reasonably suffer the distress claimed arising in these circumstances in the 21st century...

In the modern world it is not appropriate for a party to claim, (especially in the High Court) for breaches of this sort which are, frankly, trivial."

The claimants were ordered to pay VWV's costs.

Felicity McMahon is a Barrister and has experience of all aspects of media and communications law, including data protection, privacy, defamation and related matters.


VWV has a wealth of experience and expertise in Information Law and defending data and privacy claims. For further information or to discuss a particular matter, please complete the form below or call Ben Holt on 07715 048666.

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