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Vicarious Liability Data Breach

Littler

British Columbia Appeal Court Finds Employer Vicariously Liable for Employee’s Willful Violation of Customers’ Privacy

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In Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331, the British Columbia Court of Appeal (BCCA) confirmed that an employer may be found vicariously liable when its employee violates of s. 1 of the province’s...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more

Orrick, Herrington & Sutcliffe LLP

Parkview Health Decision Highlights Vicarious Data Breach Liability Risk in the United States

A recent decision in Indiana highlights the data security liability risks facing employers based on the actions of their employees, extending vicarious liability even to cases where the employees were acting wholly for...more

Thomas Fox - Compliance Evangelist

Life With GDPR: Episode 41-Morrisons at the UK Supreme Court

In this episode I visit with Jonathan Armstrong are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the recent decision by the UK Supreme Court on the Morrisons case.  ...more

Latham & Watkins LLP

UK Supreme Court Clarifies Position on Vicarious Liability for Data Breaches

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Judgment offers some comfort for data controllers, without eliminating the possibility of vicarious liability based on an employee’s actions. The UK Supreme Court (UKSC) has ruled that WM Morrisons Supermarkets plc...more

Faegre Drinker Biddle & Reath LLP

Good News for Employer Data Controllers: U.K. Supreme Court Issues Morrisons Data Breach Ruling

In a significant decision, the Supreme Court unanimously held that Morrisons, the U.K. supermarket chain, was not vicariously liable for an employee’s significant data breach, reversing the Court of Appeal’s previous...more

Akin Gump Strauss Hauer & Feld LLP

Vicarious Liability for Employee’s Data Breach: Key Takeaways from the U.K. Supreme Court’s Judgment

On April 1, 2020, the U.K. Supreme Court handed down its judgment in the case of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, the first class action-type claim concerning a data breach in the U.K.. In this...more

Goodwin

UK Supreme Court Says Employer Not Vicariously Liable for Employee’s Data Protection Breach

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Good news for employers who can take some comfort in the UK Supreme Court’s judgment – in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 – which held that Morrisons was not liable...more

Morrison & Foerster LLP

Case Update: Morrisons Not Vicariously Liable For Data Breach By Rogue Employee

In Various Claimants v. WM Morrison Supermarkets [2020] UKSC 12, the Supreme Court has reversed the Court of Appeal decision and held that Morrisons supermarket is not liable for the serious (intentional) data breach by its...more

White & Case LLP

UK Supreme Court – Employers not liable for data breaches caused by rogue employees

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In a decision that will come as a relief to many businesses, the UK Supreme Court has unanimously held that companies should not be held vicariously liable for the actions of rogue employees who leak personal data....more

Orrick, Herrington & Sutcliffe LLP

Class Actions For Security Breaches Are Here To Stay

Today’s decision by the Supreme Court to allow the appeal in WM Morrison Supermarkets plc v Various Claimants may on first glance look like a significant setback to privacy advocates. However, the court’s unanimous judgment...more

Epiq

The Data Breach “Blame Game” – Employer or Employee Liability

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Data security and privacy is a hot global topic right now. New laws that closely regulate data security practices seem to be popping up everywhere in order to account for all of the data people transmit electronically daily....more

Epiq

UK Companies May Face Liability for Breaches By Independent Actors

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On January 12, 2017, a U.K. court rendered a decision in a class action that could affect the way U.K. courts view vicarious liability for data breaches. In Various Claimaints v. Wm Morrisons Supermarket PLC, an employee of...more

Thomas Fox - Compliance Evangelist

Life With GDPR: Episode 22- Morrisons’ and vicarious liability

In this episode, I visit with Jonathan Armstrong on the recent UK court of appeals decision in the Morrisons’ case. This decision stretched the limits of vicarious liability for a corporation to the absolute breaking point...more

Littler

Littler Global Guide - United Kingdom - Q4 2018

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Supreme Court Rules that Refusal to Bake “Gay-Cake” Was Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On October 10, 2018, the UK Supreme Court held a bakery and its Christian owners had...more

Littler

Data Breach in the UK: Can a Rogue Employee Leave You on the Hook?

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A supermarket chain in the United Kingdom has been all over the press after it was held liable for a data breach by a rogue employee. This article analyzes the appellate court’s judgment to set out what it means for employers...more

A&O Shearman

Employer vicariously liable for rogue employee’s data breach

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An employer was held by the Court of Appeal to be vicariously liable for a rogue employee’s deliberate and criminal disclosure of the personal data of other employees. This was despite the employee’s aim being to harm the...more

Sheppard Mullin Richter & Hampton LLP

Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more

Faegre Drinker Biddle & Reath LLP

Data Protection: Was an Employer Liable for an Employee's Malicious Data Breach

In Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3 113 (QB), the High Court considered whether an employer was liable for an employee’s malicious disclosure of personal data belonging to other employees. This...more

A&O Shearman

Morrisons vicariously liable for rogue employee’s misuse of personal data

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A landmark ruling in a group action by employees has found Morrisons Supermarket vicariously liable for a deliberate data breach carried out by a rogue employee, out of working hours and at home on a personal computer. The...more

Jackson Lewis P.C.

Employers Can Be Vicariously Liable For Employee Data Breaches

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The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113...more

Littler

Littler Global Guide - United Kingdom - Q4 2017

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Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more

Katten Muchin Rosenman LLP

UK Employer Vicariously Liable for Employee Data Breach

The supermarket chain Morrisons, has been found to be vicariously liable for an employee’s data breach, in a decision which extends the scope of vicarious liability. A senior IT auditor at Morrisons, named Skelton, unlawfully...more

Hogan Lovells

Employment News - December 2017 #2

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In this weeks issue: - Employer vicariously liable for employee's data breach - Time and time again - no implied right to bonus through custom and practice - Making progress - gender pay gap toolkit...more

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