Having just waded through 122 pages of this judgment, it is clear this is a case that will have significant importance on the law of privacy. What have I learnt during my quick read?
1. There are so many important elements for the law of privacy, they won't fit in this short post. We're going to need a longer article (hence the bigger boat). Watch this space...
2. Although this case involved Data Protection Act (now GDPR) claims, the judge felt this would not have provided any additional rights. Data Protection and privacy claims are becoming even more melded.
3. The bar has been raised to £190,000 for general damages arising out of a single privacy violation. There have been previous awards nearer the £250,000 but these were aggregates of multiple violations.
4. Similar to the TLT case, reference was made to the amount of general damages being comparable to personal injury awards.
5. Damage to reputation is now recognised as a factor to be considered when considering the level of damages in privacy claims.
6. The award of aggravated damages again highlights how important your response is to privacy breaches.
7. Special damages of at least £20,000 were awarded, mainly because of the costs incurred to protect reputation.
8. In a world where there are multiple parties involved in privacy breaches (think GDPR Data Processor/Controller) this case will provide important guidance on how much each party will contribute.