💡 New Case Law: Farley v Paymaster (2025) – A Boost for GDPR Data Breach Claims

15d (edited) • GDPR for Credit Card Loans etc

Big news for anyone fighting back against debt claims where your personal data has been processed without a legitimate interest/Legal Title 👊.

On 22nd August 2025, the Court of Appeal handed down a landmark decision in Farley v Paymaster (1836) Ltd [2025] EWCA Civ 1117.

Here’s what it means:

✅ No “threshold of seriousness” – you don’t have to prove a breach was “serious enough.” Every unlawful data processing can be actionable.
✅ Distress is not essential – you don’t have to show medical-level distress or breakdowns. Anxiety, embarrassment, or even the risk of misuse is enough.
✅ Unlawful processing itself is sufficient – you don’t need to prove your data was opened, read, or misused. The fact it was processed unlawfully is enough to found liability.
✅ Low-value claims are valid – claims worth £1,000–£2,000 cannot be dismissed as trivial or abusive.

This is huge for people in debt cases where creditors, DCAs, or their solicitors mishandle your personal data (wrong reporting to CRAs, passing debts without lawful authority, etc.). It strengthens the argument for GDPR counterclaims alongside defending a debt.

📌 Other cases that back this up

Vidal-Hall v Google [2015] EWCA Civ 311 – confirmed that damages are available for “non-material loss” (distress, anxiety) even if no financial loss is shown.
Lloyd v Google [2021] UKSC 50 – although it limited “representative actions,” it reaffirmed that individuals can recover compensation for unlawful data processing.
Johnson v Eastlight Community Homes [2021] EWHC 3069 (QB) – data breach claim struck out for being “de minimis,” but now Farley makes clear there is no seriousness threshold – overruling this restrictive approach.

💬 Takeaway

If your data was processed by an alleged debt owner without legitimate interest, don’t let them say your GDPR counterclaim is “too small” or “too trivial.” Farley v Paymaster confirms every unlawful processing counts, and low-value claims deserve their day in court.

👉Credit to group member

@Rafal Suliga

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