15th November, 2019

Brian McCluggage wins illegal insurance data buying and selling case

This landmark case involved Aviva suing a 'data trader' who had corrupted a manager within one of Aviva's claim team, paying her for valuable fresh confidential customer data. The claim was brought in the Manchester Business & Property Courts seeking an account of profits for breach of confidence and also damages for procuring breach of contract and for unlawful conspiracy.

The case exposed the shady world of data trading where customer data is in effect 'laundered' through a series of traders so that end users can claim that that they assume the sales target (whether for car hire or a personal injury claim) has given consent.

Whilst in the instant case a decision was taken not to sue the insurer’s employee, the decision is a green light for insurers to sue both employees and data traders who sell on or handle data with knowledge it has been unlawfully procured. The data trader will be liable for over £200,000 damages and costs and was fortunate to escape liability for a further £200,000+ on the basis of a technical and contestable point of the law of damages.

To read the judgment click here.

To read more about Brian McCluggage click here.



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