Data breach compensation case going to Supreme Court

shutterstock_103173653On 27 March 2015 the Court of Appeal, in the case of Vidal-Hall v Google, decided that people whose privacy had been compromised by a breach of the Data Protection Act 1998  were able to claim compensation, even if, (as had previously been the law), they had not suffered any financial loss or harm.

However, it has now been confirmed that the Supreme Court has given leave to appeal on the following two questions:

1. Whether the Court of Appeal was right to hold that section 13(2) of the Data Protection Act 1998 was incompatible with Article 23 of the Directive; and
2. Whether the Court of Appeal was right to disapply section 13(2) of the Data Protection Act 1998 on the grounds that it conflicts with the rights guaranteed by Articles 7 and 8 of the EU Charter of Fundamental Rights

A further question, on whether it was correct to classify the misuse of private information claims as tortious ones, was refused leave,

A hearing is highly unlikely before 2016. In the meantime, the Court of Appeal decision reflects the current legal position. 

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