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TITLE Supreme Court Decision 2011Da59834,59858,59841 Decided December 26, 2012 [Damages (Etc.)¢®¢´Damages (Etc.)¢®¢´Damages (Etc.)]<Case of Damages Claim Regarding Leak of Customer Information>* [full Text]
Summary
[1] In a case where a personal information handler leaks the gathered information against the intention of the data subjects; the standard to determine whether the data subjects suffered emotional distress which qualifies as compensable damages [2] In a case where Gap corporation built and managed a database of its gas credit card members, which it used for customer service; corporation Eul (commissioned by Gap to manage customer service etc.) management team employee Byeong conspired with Jeong et al to extract the aforementioned information of credit card members including Mu et al, deliver or copy the information through a DVD and other storage devices, then report the information leak to the media so that the information can be used in a class action lawsuit; and thereby provided such storage devices to journalists: we determined that it was difficult to perceive that Mu et al suffered emotional distress which qualifies as compensable damages
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