The Court of Appeal has overturned an earlier ruling that made it harder for people to bring claims after their personal data was exposed. In a significant win for consumers, the latest judgment confirms victims don’t need to prove their data was actually read by a third party, or that they suffered distress, in order to have a valid claim.
What was the case about?
The case involved hundreds of current and former police officers. Their pension scheme manager, Equiniti, accidentally sent confidential benefit statements to old addresses. The letters included sensitive details such as names, dates of birth, National Insurance numbers, salary, and pension information.
While Equiniti apologised and paid for fraud protection services, many officers were left anxious about the risk of identity theft.
Why this ruling matters
Until now, the High Court had restricted these claims, saying only people who could show their letters were opened by strangers had a case.
The Court of Appeal disagreed. Lord Justice Warby said:
- Victims don’t need to prove their data was read to have a valid claim. It’s enough to show a reasonable basis for fearing misuse
- There is no “threshold of seriousness” under UK data protection law
- Claims should not be dismissed simply because the potential compensation may be small.
In short: organisations can’t dodge responsibility just because victims can’t prove exactly what happened to their data after a breach.
What this means for consumers
This ruling is a big step forward for data breach victims across the UK. It makes clear that:
- Unlawful processing of personal data alone can give rise to a claim
- Lower-value claims still matter and deserve to be heard
- Anxiety and fear of misuse – when based on real risk – are enough to bring a case.
Data breaches are becoming more common, and this ruling strengthens the rights of consumers to hold organisations accountable.
If your personal information has been exposed in a breach, you could be entitled to compensation. We can help you check your eligibility and connect you with a regulated UK law firm ready to act on your behalf.
