Data Breach and Privacy

Chambers has a dedicated team of barristers who specialise in this fast-developing area of law.

Our members have significant experience advising both individual claimants and group actions in relation to data breaches, and regularly receive a range of high-profile instructions in this specialist practice area.

We provide advice and representation for companies and private individuals on their rights and responsibilities under GDPR and under the Freedom of Information Act, where requests are made for personal data held by public authorities, as well as in relation to criminal and civil investigations by the industry regulator (the ICO).

Our silks and juniors have extensive expertise in misuse of private information and breach of confidence claims.

Following last year’s judgment in the linked cases of NT1 v Google LLC and NT2 v Google LLC – the first claims before the English High Court in which claimants have relied on the “right to be forgotten” – Chambers has also developed specialist expertise in this niche area of law.

Current data breach and privacy instructions include:

• Silk and junior instructed to advise on a potential group action against Ticketmaster after a significant data breach.
• Silk and junior instructed to advise on a group action to help victims of the Equifax data hack. The group action is being initiated after Equifax was fined a six-figure sum by the Information Commissioner’s Office (ICO).
• Silk and junior advising upon the Dixons Carphone data breach with a view to instituting group action litigation.
• Silk and junior instructed in “right to be forgotten” claim and resulting economic losses against Google.
• Silk and junior instructed to represent an employee in a claim against his employers for breach of data which led to him being “named and shamed” in the press and adversely impacted upon his professional reputation and standing.
• Silk and junior instructed to represent an executive in a dispute with his employers concerning their compliance with his data protection rights and the resulting impact upon his terms of employment.
• Silk and junior instructed to represent the victim of an international organised crime group who was defrauded of a six-figure sum.
• Advising a company on a new business model and its compliance with GDPR.
• Representing a large company in relation to alleged data breaches.
• Advising a professional services firm which has been the victim of a cyber hack with funds from clients diverted overseas.
• Instructed in several High Court actions seeking damages and ancillary relief for numerous individuals against public bodies for breaches of their personal data.
• Instructed for the claimant in ongoing High Court litigation arising from a fraud committed via insecure IT systems deployed by the claimant’s former legal representatives.
• Representing a professional in an action for defamation against his regulatory body.
• Instructed to represent multiple claimants based across the world who have lost in excess of $2million in crypto currency after the crypto exchange was hacked by third parties.

The team has gone from strength to strength as this area of law has continued to develop. Members have written several articles on data protection and the new digital age and have delivered lectures and video briefings on the subject.