Insurer compensated over 'breach of confidence' data theft
Andrew Barns-Graham
Barrister specialising in civil fraud, insolvency and banking / commercial disputes
The High Court has awarded compensation to an insurer in its case against an individual who sold on road traffic accident data he illicitly obtained from an employee of the business. The insurer, Aviva, successfully argued breach of confidence on the grounds that David Oliver had received the data in circumstances giving rise to an obligation of confidence and that he made profits by selling it to others. The judge also ruled that Oliver had induced Aviva's employee, Kirstie Carruthers, to breach her contractual obligations to her employer; and that the pair had formed an 'unlawful means conspiracy' by acting together to harm Aviva.
The judge awarded the insurer over £108,000 in damages, which was the cost of an internal programme set up to deal with the consequences of Carruthers' misuse of policyholder data.
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