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 is not legally viable because the defendant's conduct, as pleaded, amounts to failures in data security and system design, not positive acts of misuse. The tort of MPI does not extend to mere facilitation or enabling of third-party misuse. The claimants' attempt to recharacterise omissions as acts does not satisfy the substantive requirement for misuse by the defendant. Actual knowledge allegations are fanciful and contradicted by the pleadings. The MPI claim is struck out and permission to amend refused.

Citation
[2022] EWHC 1311 (QB)
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; references to 'unconfirmed breaches' struck out; DPA claim proceeds.
Legal Topics
Misuse of Private Information, Data Breach, Statutory Duty, Pleading Requirements, Summary Judgment, Strike Out
Data Protection Tort Law Privacy Law Misuse of Private Information Data Breach Statutory Duty Pleading Requirements Summary Judgment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 8
Sign in to unlock

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 alleged data breaches
  2. 2 Whether the claimants may amend their particulars of claim to plead MPI
  3. 3 Whether references to 'unconfirmed breaches' should be struck out

Ratio Decidendi

The claim for misuse of private information is not legally viable because the defendant's conduct, as pleaded, amounts to failures in data security and system design, not positive acts of misuse. The tort of MPI does not extend to mere facilitation or enabling of third-party misuse. The claimants' attempt to recharacterise omissions as acts does not satisfy the substantive requirement for misuse by the defendant. Actual knowledge allegations are fanciful and contradicted by the pleadings. The MPI claim is struck out and permission to amend refused.

Court Disposition

MPI claim struck out; permission to amend refused; references to 'unconfirmed breaches' struck out; DPA claim proceeds.

Orders

  • MPI claim in the APOC struck out
  • Permission to amend MPI claim in RAPOC refused