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ARTICLE · 16 JANUARY 2018

Morrisons Held Vicariously Liable For Its Employee's Data Protection Breach

Morrisons, the supermarket chain, has been held liable for a disgruntled employee's willful breach of data protection legislation.

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Morrisons, the supermarket chain, has been held liable for a disgruntled employee's willful breach of data protection legislation.

Mr Skelton was employed by Morrisons as a senior IT internal auditor. This role gave him access to sensitive personal data relating to the company's staff. He also sold a legal slimming drug on the internet in his spare time. In summer 2013, Morrisons subjected Mr Skelton to a disciplinary procedure on the basis that his use of the company's post room to send the slimming drug had caused alarm when fellow employees thought it was an illicit substance. Mr Skelton remained in his role despite this.

In November 2013, Mr Skelton was asked to send sensitive payroll-related employee data to KPMG (Morrisons' external auditors). Mr Skelton downloaded the encrypted data on to his work computer before copying it on to a new USB stick for KPMG. He then made a copy for himself on a personal USB stick. In January 2014, using the files he had

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