WM Morrison Supermarkets Plc v Various Claimants

WM Morrison Supermarkets Plc v Various Claimants

The Data Protection Act 1998 does not exclude the vicarious liability of an employer for the wrongful acts of an employee in misuse of private information and breach of confidence. The acts of the employee were closely connected to his employment, as he was entrusted with the data as part of his job, and the wrongful disclosure was a seamless sequence of events beginning with his assigned duties. Therefore, the employer is vicariously liable for the torts committed by the employee.

Parties
Appellant: WM Morrison Supermarkets PLC; Respondent: Various Claimants
Jurisdiction
England and Wales
Judgment Date
22 October 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Vicarious Liability, Misuse of Private Information, Breach of Confidence, Statutory Duty Under Data Protection Act 1998
Tort Law Data Protection Law Employment Law Vicarious Liability Misuse of Private Information Breach of Confidence Statutory Duty Under Data Protection Act 1998

Case Brief

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Parties

WM Morrison Supermarkets PLC

Appellant

Various Claimants

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Liability

Legal Issues

  1. 1 Whether the Data Protection Act 1998 excludes vicarious liability for misuse of private information and breach of confidence by an employee
  2. 2 Whether the employer is vicariously liable for the criminal disclosure of personal data by an employee
  3. 3 Whether the acts of the employee were sufficiently connected to his employment to impose vicarious liability

Ratio Decidendi

The Data Protection Act 1998 does not exclude the vicarious liability of an employer for the wrongful acts of an employee in misuse of private information and breach of confidence. The acts of the employee were closely connected to his employment, as he was entrusted with the data as part of his job, and the wrongful disclosure was a seamless sequence of events beginning with his assigned duties. Therefore, the employer is vicariously liable for the torts committed by the employee.

Court Disposition

Appeal dismissed

Orders

  • Morrisons is vicariously liable for the torts committed by Mr Skelton against the claimants.