‘Case Law: Various Claimants v WM Morrison Supermarkets, Employer liable for data breach by employee seeking to damage it’

“On 22 October 2018, the Court of Appeal dismissed the supermarket chain’s appeal in the case of Various Claimants v WM Morrison Supermarkets PLC [2018] EWCA Civ 2339, where Morrisons had been held vicariously liable at first instance for a mass data breach caused by the criminal act of a rogue employee. At first instance, Mr Justice Langstaff said he was ‘troubled’ by one of the arguments advanced by Morrisons, namely that as the motivation of the employee in committing the criminal act was to cause damage to his employer, by imposing vicarious liability on Morrisons it could effectively render the court an accessory in furthering the employee’s criminal aims. As a result, and somewhat unusually, of its own motion the court granted permission to appeal on the finding of vicariously liability …” (more)

[Alex Cochrane, Inforrm’s Blog, 21 November]

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