Low Value Data Protection Claims

Case summary

Low value data protection claims – Stadler v Currys Group [2022] EWHC 160 (QB)

In September 2016, Mr Stadler purchased a smart TV from Currys. In September 2020, Mr Stadler returned the TV to Currys to be repaired. Currys did not ask Mr Stadler to remove any apps or log out of any of his accounts on the TV.

Currys decided that it would not be proportionate to repair the TV and instead they offered Mr Stadler vouchers as compensation. Mr Stadler was under the impression that Currys would then destroy the TV, however, they actually sold the TV. No factory reset or data wipe was performed on the TV before it was sold.

On 31 December 2020, a film was purchased from Mr Stadler’s Amazon Prime account. Currys agreed to reimburse Mr Stadler for this and asked him to change his password for the account, which Mr Stadler confirmed he had done. Currys also offered Mr Stadler £200.00 worth of shopping vouchers as a gesture of good will.

Mr Stadler then decided to issue proceedings in the High Court Media and Communications List for damages of up to £5,000.00. Mr Stadler relied on a number of grounds including misuse of private information, breach of contract, negligence, and breach of data protection law. Currys applied to have Mr Stadler’s claim struck out.

What was decided?

The Court decided to strike out all of Mr Stadler’s claims save for the data protection claim.

On the data protection claim, the Judge held that it had a reasonable prospect of success on the basis that Currys would have or should have known that there was personal data on the TV and, as a data controller, it would have obligations in respect of the disposal of the data.

The Judge rejected Currys’ argument that the case was below a threshold of seriousness and therefore would be an abuse of process to allow such a claim to proceed. Whilst the Judge acknowledged that the claim was of low value, it was held that, if the claim had been pleaded correctly, it could not be characterised as a trivial breach.

The Judge further held that the claim could be managed in a proportionate way through allocation to the Small Claims Track. The claim was therefore transferred to the County Court.

Comment

This case is another useful example of the High Court deciding that the County Court is a more appropriate venue for any low value data protection claims. Particularly on the basis that costs are likely to be more than the amount being claimed. It is therefore entirely disproportionate to pursue such a claim in the High Court.

If you have been affected by a data breach, it is important to seek advice without delay so that you can be guided as to the correct course of action in your individual circumstances.