Case study: Communication system provider


Errors in how we communicate can result in the accidental misdirection of emails and other messages. Under the UK GDPR, an individual whose personal data has been disclosed to an unexpected recipient has the right to make a claim for compensation, where distress or damage is caused by the disclosure.

The UK common law provides a variety of further bases for litigation where information is alleged to have been mishandled, including breach of confidence, negligence, misuse of personal information and (where a public authority is involved) breach of human rights.  

Organisations facing such claims must take swift action to assess and either defend or settle those actions before costs mount, particularly if there is a risk of action from a group of affected individuals.

How we helped

Our client faced the threat of significant claims from a number of affected individuals, covering a variety of potential claims. They needed sound advice and strategic guidance as to:

  • Its role in relation to the data processing under the UK GDPR, and the legal and regulatory obligations attaching to that role in relation to the threatened claims.
  • The risk of losing the claims.
  • The tactics to deploy to minimise the claim and associated risks.
  • How to resolve the threatened claims in an expeditious and cost effective way.

Our team acted swiftly, in an extremely time-limited context, to untangle the facts and status of each claim. We determined the legal issues, including the existence of defences, identified substantive risks, and presented the client with tactical advice on next steps. We implemented the client’s choice, preparing all necessary correspondence and pleadings which resulted in a swift resolution with minimal legal spend.

Outcomes

The case was concluded in the most cost-effective way, thereby avoiding significant potential risks. Changes made by the client further to our advice ensured that the client was better placed and could respond quickly in the event of future claims. 

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