Data breach claims: a rebalancing by the English Courts?

Personal data breaches and the risks of follow on litigation are very topical: British Airways, Facebook and Uber are just a handful of the organisations facing breach-related claims. Alongside the risk of fines of up to £20 million pounds or 4% of annual turnover, the claims have been seen as one of the unwelcome costs of the enhanced data privacy rights introduced under the GDPR since May 2018. However, recent cases show that the courts are willing to uphold boundaries in respect of individuals’ claims for compensation, to ensure that the balance of rights is not unfairly or unjustifiably tipped towards claimants and their lawyers.