‘Quantifying Damages for Psychiatric Injury and Distress Caused by Data Breaches’

“Both s 13 of the Data Protection Act 1998 (‘DPA 98’) and Art 82 of the General Data Protection Regulation (‘GDPR’) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s 168 of the Data Protection Act 2018 (‘DPA 18’) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies …” (more)

[Jack McCracken and Hollie Birkett, Ropewalk Chambers, 26 July]

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