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Taylor Walton Solicitors


Narrowing the scope of cyber attack claims


Given the recent spate of cyber attacks impacting every sector, from education and legal to manufacturing and pharmaceutical, when, typically, data is stolen, deleted or encrypted to extort a ransom, a recent ruling off ers some hope for data controllers, worried about the fallout from such an attack. T e High Court recently handed down its ruling in the case of


Warren v DSG Retail Limited [2021] EWHC 2168 (QB), one which will undoubtedly have far-reaching implications for data subjects who are considering bringing a claim against a data controller following a third-party cyber attack. For a period of nine months, starting in July 2017, DSG Retail Ltd


(DSG), which operates the Currys PC World and Dixons Travel brands, suff ered a sophisticated cyber attack. Criminals were able to infi ltrate DSG’s systems and install malware across almost 6,000 in-store point of sale terminals, which gave them access to the personal data of approximately 14 million customers. The attack made personal data, including customers’ names,


addresses, phone numbers, date of birth and email addresses, potentially accessible to the attackers, resulting in the Information Commissioner’s Offi ce (ICO) investigating this serious breach. The ICO decided that DSG had breached the seventh data


protection principle (DPP7), which requires ‘appropriate technical and organisational measures to be taken against unauthorised or unlawful processing of data’.


26 ALL THINGS BUSINESS


Peter Kouwenberg Associate Solicitor Taylor Walton Solicitors


The Commissioner issued a Monetary Penalty Notice (MPN) for £500,000 in January 2020, although at the time of writing, this remains subject to an appeal, which will be heard later in 2021 before the First Tier Tribunal. The claimant, Darren Lee Warren, had


purchased goods from Currys PC World while the point of sale terminals were compromised and claimed that some of his personal data was stolen in the attack, resulting in him bringing a civil claim against DSG for: - Breach of statutory duty - Breach of confi dence - Misuse of private information - Negligence


Mr Warren sought £5,000 in damages for the distress he claimed he had suffered due to his personal data having been compromised in the cyber attack. However, he did not bring any claim for fi nancial loss or personal injury as a result. The defendant, DSG, applied for summary


judgement or an order striking out the claims, with the exception of the claim for breach of statutory duty under the Data Protection Act 1998 (Article 5(1)(f) of the UK GDPR). T is requires organisations to have appropriate technical and organisational measures in place to protect the data they hold, from unauthorised or unlawful processing or accidental loss, destruction or damage.


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