There’s an update to Farley v Equiniti. Ann Bevitt and Morgan McCormack of Cooley write:
The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti) [1] on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).
The case arose from misaddressed annual pension benefit statements sent to current and former Sussex police officers. The High Court had previously struck out the claims on the basis that there was no evidence that the statements were ever opened or read by third parties. The Court of Appeal confirmed both that disclosure was not essential for a GDPR infringement, and that claimants could recover compensation for fear of the consequences of an infringement if that fear was objectively well-founded, rather than hypothetical or speculative.
Read more at Cooley.
via JDSupra