Data protection breaches by law firms have been a hot topic in
the press recently. This article considers firms' obligations
and the consequences of data loss.
The problems faced by recently closed London firm ACS:Law, have
been in the national press lately. They raise risk management
issues as to the protection of personal data firms hold on behalf
of clients, employees and others.
The relevant background to the matter is set out in the judgment
of the Patents County Court in Media CAT v Malcolm Adams
and others (2011). Essentially, throughout 2009 and 2010
ACS:Law made large scale claims against suspected copyright
infringers. They sent letters to thousands of individuals suspected
of sharing copyright material on the internet, including music
files and pornographic films. ACS:Law's modus operandi was to
acquire IP addresses of individual suspected infringers and to
apply for a "Norwich Pharmacal" court order requiring
their broadband provider to disclose
