Data protection compensation claims are on the rise. Buoyed by front page press coverage of high profile data incidents, claims management companies and lawyers are looking to develop their practices in this area and are actively seeking out individuals who may have been affected. But it is not just the headline grabbing incidents that challenge businesses – cyber security and data protection incidents occur on a daily basis. Understanding such incidents and how to respond in an appropriate manner is absolutely vital to combatting this growing threat and in order mitigate the risk of civil claims for damages.
David Cook and Benjamin Fellows will be joined by Hugh Tomlinson QC of Matrix Chambers on Wednesday 2 December 2020 to discuss:
- The right to compensation under the GDPR including a brief history of how we got there, the Data Protection Act 1998, common law privacy and defamation claims, and convergence of these areas.
- Previous compensation awards for breaches of data protection legislation, including distress based claims, how those cases were decided, and how clients might distinguish incidents from settled case law.
- The type of matters we are seeing in practice, claimant expectations, DLA Piper’s strategy and approach to handling such claims. - Interface between ICO decisions and compensation claims.
- Group litigation, mass claims, and class action – why the Morrisons case does not spell the end of this threat and our approach to minimising client risk.
David has over a decade of experience advising clients on contentious cyber security and data protection matters, including regulatory, civil and criminal litigation matters, as well as internal investigation and technical security controls work.
Benjamin spent 6 months seconded to the Information Commissioners’ Office, advising on Operation Cederberg – the ICO’s investigation into data misuse in political campaigning – and subsequent Facebook litigation before the Information Rights Tribunal. He regularly advises clients on data incidents and civil liability for damages.
Hugh is a leading silk with over 35 years call and has acted for clients in many of the leading data protection and privacy cases, including Vidal-Hall v Google and Lloyd v Google.