Compensation for "distress-only" claims under DPA

Published on 03 May 2015

In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning of “damage” under s13 of the Data Protection Act, allowing claimants to recover compensation for “distress” resulting from a breach of the Act without also having to prove pecuniary losses.

In a heavily anticipated judgment handed down on 27 March 2015, the Court of Appeal made a decision that has the potential to significantly expand the scope of data protection rights in this jurisdiction.

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