Licence And Registration Please: Stolen Motor Insurance Data

In Aviva Insurance Ltd v David Oliver [2019] EWHC 2824 (Comm), Aviva Insurance Ltd ("Aviva") brought a claim against David Oliver (the "Defendant") based on the Defendant's misuse of Aviva's confidential policyholder information. Aviva's claim included: (i) breach of confidence; (ii) inducing a breach of contract; and (iii) unlawful means conspiracy.

Aviva employed Kirstie Carruthers (the "Employee") who was responsible for collating details of Aviva's policyholders. The Employee sold this confidential information (e.g. policyholder's name, policy number, vehicle registration number) to the Defendant, who proceeded to sell that data to third party claims management entities.

Judge Eyre QC, sitting in the Commercial Court (QBD), found in favour of Aviva on all three causes of action and awarded it the sum of £108,651.59 in respect of the cost of Aviva's investigation and remediation actions.

Judge Eyre QC affirmed the decision in Coco v AN Clark (Engineers) Ltd [1968] 7 WLUK 2 which stated there were three key elements required to establish a breach of confidence: namely that (i) the information has "the necessary quality of confidence about it"; (ii) the information is imparted in circumstances importing an obligation of confidence; and (iii) there is unauthorised use of that information to the detriment of the party communicating it. The Defendant accepted that the information was confidential and it was found that the Defendant also had knowledge that he was obtaining the information improperly from the Employee. As such, the Defendant was subject to an obligation of confidence to Aviva and his subsequent sale of that...