Victory for Morrisons workers in data leak compensation claim
A senior internal auditor at the retailer’s Bradford headquarters leaked the payroll data of nearly 100,000 employees in 2014.
The High Court has allowed a compensation claim by thousands of Morrisons staff whose personal details were posted on the internet.
The case has potential implications for every individual and business in the country.
It follows a security breach in 2014 when Andrew Skelton, a senior internal auditor at the retailer’s Bradford headquarters, leaked the payroll data of nearly 100,000 employees – including their names, addresses, bank account details and salaries – putting it online and sending it to newspapers
A group of 5,518 former and current Morrisons employees said this exposed them to the risk of identity theft and potential financial loss and that Morrisons was responsible for breaches of privacy, confidence and data protection laws.
They are seeking compensation for the upset and distress caused.
Morrisons said it could not be held directly or vicariously liable for Skelton’s criminal misuse of the data and any other conclusion would be grossly unjust.
Following Mr Justice Langstaff’s decision on liability on Friday, Nick McAleenan, of JMW Solicitors, said: “The High Court has ruled that Morrisons was legally responsible for the data leak.
“We welcome the judgment and believe that it is a landmark decision, being the first data leak class action in the UK.”
The judge ruled that vicarious liability, but not primary liability, had been established.
He said: “I hold that the Data Protection Act (DPA) does not impose primary liability upon Morrisons; that Morrisons have not been proved to be at fault by breaking any of the data protection principles, save in one respect which was not causative of any loss; and that neither primary liability for misuse of private information nor breach of confidentiality can be established.
“I reject, however, the arguments that the DPA upon a proper interpretation is such that no vicarious liability can be established, and that its terms are such as to exclude vicarious liability even in respect of actions for misuse of private information or breach of confidentiality.”
He added: “The point which most troubled me in reaching these conclusions was the submission that the wrongful acts of Skelton were deliberately aimed at the party whom the claimants seek to hold responsible, such that to reach the conclusion I have may seem to render the court an accessory in furthering his criminal aims.
“I grant leave to Morrisons to appeal my conclusion as to vicarious liability, should they wish to do so, so that a higher court may consider it, but would not, without further persuasion, grant permission to cross-appeal my conclusions as to primary liability.”
Mr McAleenan said: “Every day, we entrust information about ourselves to businesses and organisations. We expect them to take responsibility when our information is not kept safe and secure.
“In the Morrisons case, almost 100,000 bank account details, National Insurance numbers and other data was entrusted to a fellow employee to look after. Instead, however, he uploaded the information to the internet.
“This private information belonged to my clients. They are Morrisons checkout staff, shelf stackers, factory workers – ordinary people doing their jobs.
“The consequences of this data leak were serious. It created significant worry, stress and inconvenience for my clients.”
In July 2015 Skelton was found guilty at Bradford Crown Court of fraud, securing unauthorised access to computer material and disclosing personal data and jailed for eight years.
The trial heard that his motive appeared to have been a grudge over a previous incident where he was accused of dealing in legal highs at work.