How UK Data Breach Ruling May Rein In Insurance Claims

By Kelly Hagedorn, Oliver Thomson and Sol Gelsomino (September 7, 2021, 6:43 PM EDT) -- On July 30, the U.K. High Court of Justice handed down its judgment in Darren Lee Warren v. DSG Retail Ltd., holding that claimants will not be able to pursue personal data claims beyond those provided for in data protection legislation, when there has been a cyberattack by an unauthorized third party, and no positive action or use by the victim of that attack.

In addition, claimants who have often pled breach-of-confidence and misuse-of-private-information claims as part of such cyberattack claims — because including those claims potentially allows the recovery of after-the-event, or ATE, insurance premiums — may find themselves on...

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