Vicarious liability and data protection: Court of Appeal judgment in Morrisons case - Wm Morrison Supermarkets Plc v Various Claimants [CA] 22.10.18


Mon, 29 Oct 2018

The common law remedy of vicarious liability of an employer for its employee's misuse of private information and breach of confidence was not expressly or impliedly excluded by the Data Protection Act 1998, notwithstanding that the Act itself excluded an employer's liability for wrongful processing of personal data by an employee. The employer was vicariously liable for the employee's acts away from the workplace where those acts formed a sequence of planned events leading to the commission of the wrongdoing.




Category: Negligence »  Employers' liability; Vicarious liability. Keyword(s): Data protection; Confidentiality. Area(s) of law: Employment; Public Sector; Technology and Information; Litigation; DP & Cybersecurity.
Source: [2018] EWCA Civ 2339; Times 10.12.18

 

This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. Please contact Brodies at mailbox@brodies.com if you would like us to advise you on any of the matters covered in this material.


Valid XHTML 1.0 Transitional  Valid CSS!

Free SSL Certificate