ChatterBank1 min ago
breach of data protection act
9 Answers
A local authority has breached the data protection act and revealed personal information on a friend. It is in writing and they admit fault.
Any rough, ballpark figures, on what sum of compensation should be negotiated?
Any rough, ballpark figures, on what sum of compensation should be negotiated?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Thanks for responses so far - my friend is on housing benefit and she moved to a new property. Due to a previous dispute with the authority over how much benefit should have been paid/received, they suspended her benefit so when the new landlord contacted the authority to find out why he wasn't being paid, they inadvertently told him the story and how much etc. The council have apologised and admit fault and I guessed she might be awarded around £2,000 for her embarrassment and of course the landlord is evicting her. My friend thinks she should ask for £100,000 and settle for £50,000. Yes, you heard it right! She asked me to ask - so here I am.....
Your friend must have read about American cases of all sorts, not data protection, where people put in claims for millions or hundreds of thousands. Those are just paper claims and the figure is fanciful and merely a procedural device. It doesn't mean anything.
We don't have that in British courts. Your friend will have to establish an actual financial loss immediately consequent on, and caused by, the local authority's negligence and breach of duty.
For what have the council apologised? Only the breach of data protection ?Was she in fact entitled to the sum in benefit that the authority was refusing to pay out, which it suspended ? If not, it's hard to see how she has suffered much, or any, loss from the landlord finding out that she wasn't getting it and it had been suspended. The decision to let would be on her true present and future financial circumstances, not on what she thought or hoped they were.
We don't have that in British courts. Your friend will have to establish an actual financial loss immediately consequent on, and caused by, the local authority's negligence and breach of duty.
For what have the council apologised? Only the breach of data protection ?Was she in fact entitled to the sum in benefit that the authority was refusing to pay out, which it suspended ? If not, it's hard to see how she has suffered much, or any, loss from the landlord finding out that she wasn't getting it and it had been suspended. The decision to let would be on her true present and future financial circumstances, not on what she thought or hoped they were.