Smith & Ors v Talktalk Telecom Group Plc [2022] EWHC 1311 (QB) (27 May 2022)

Smith & Ors v Talktalk Telecom Group Plc [2022] EWHC 1311 (QB) (27 May 2022)

The claim for misuse of private information against the defendant is not legally viable where the alleged wrongdoing consists of failures to secure data or system design flaws that enable third-party criminal access. Such conduct does not amount to a 'misuse' by the defendant within the meaning of the tort. The misuse is by the third-party criminals, not the defendant. The claimants' attempt to replead the claim as positive acts or reckless conduct does not alter the substance, which remains a data security duty actionable under data protection law, not MPI. Allegations of actual knowledge or complicity by the defendant are fanciful and contradicted by the pleadings. The claim for MPI is...

Citation
[2022] EWHC 1311
Parties
Claimants: Graeme Smith & Others; Defendant: TalkTalk Telecom Group PLC
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Civil Data Protection / Tort / Interlocutory Applications (strike Out, Summary Judgment, Permission to Amend)
Outcome
MPI claim struck out; permission to amend refused; 'unconfirmed breaches' data protection claim not struck out at this stage.
Legal Topics
Misuse of Private Information, Data Breach, Statutory Duty Under Data Protection Act 1998, Summary Judgment, Strike Out, Pleading Requirements
Data Protection Tort Misuse of Private Information Data Breach Statutory Duty Under Data Protection Act 1998 Summary Judgment Strike Out Pleading Requirements

Case Brief

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Parties

Graeme Smith & Others

Claimants

TalkTalk Telecom Group PLC

Defendant

Procedural Posture

Civil Data Protection / Tort / Interlocutory Applications (strike Out, Summary Judgment, Permission to Amend)

Legal Issues

  1. 1 Whether the claim for misuse of private information (MPI) is legally viable against the defendant for enabling third-party criminal access to claimants' data
  2. 2 Whether the claimants should be permitted to amend their particulars of claim to reformulate the MPI claim
  3. 3 Whether references to 'unconfirmed breaches' should be struck out from the particulars of claim

Ratio Decidendi

The claim for misuse of private information against the defendant is not legally viable where the alleged wrongdoing consists of failures to secure data or system design flaws that enable third-party criminal access. Such conduct does not amount to a 'misuse' by the defendant within the meaning of the tort. The misuse is by the third-party criminals, not the defendant. The claimants' attempt to replead the claim as positive acts or reckless conduct does not alter the substance, which remains a data security duty actionable under data protection law, not MPI. Allegations of actual knowledge or complicity by the defendant are fanciful and contradicted by the pleadings. The claim for MPI is...

Court Disposition

MPI claim struck out; permission to amend refused; 'unconfirmed breaches' data protection claim not struck out at this stage.

Orders

  • The claim for misuse of private information is struck out.
  • Permission to amend the particulars of claim to replead the MPI claim is refused.