No threshold of seriousness of harm in data protection claims
The Court of Appeal handed down a landmark judgment today in Farley and Others v Paymaster (1836) Ltd (The Information Commissioner intervening), overturning the decision of Mr Justice Nicklin in the lower court. By that decision, the Judge had struck out the claims of 432 police officers following the mis-posting of their pension benefit statements which were sent to out of date addresses.
Pépin Aslett, led by Oliver Campbell KC of Henderson Chambers successfully argued in the Court of Appeal that there is no threshold of seriousness relating to harm caused for claims brought under the GDPR or UK GDPR in England and Wales as a result of a personal data breach, the court following established European decisions on the point.
The claimants could not prove whether envelopes were opened and as a result their claims were confined to fears they had as to the potential misuse of their personal data. The court held that there was no need to show actual disclosure (publication) of personal data to a third party for a claim to lie and remitted the claims to the lower court for a determination as to whether the fears each claimant had was ‘well-founded’.
The judgment is available at Farley and Others v Paymaster (1836) Ltd (trading as Equiniti) [2025] EWCA Civ 1117.
Pépin Aslett and Oliver Campbell KC were instructed by KP Law Limited.
