Data Protection Law

YOUR DATA RIGHTS

Businesses, public bodies and those organisations that provide the everyday interface between private businesses and public bodies hold and process a huge amount of personal and sensitive information/data. It is vitally important that these companies/bodies use and store your information/data correctly and legally.

You have the right under General Data Protection Regulations (GDPR), the Data Protection Act 1988 and the Human Rights Act 1988 to have your personal and sensitive information/data kept accurate and private because if it is not correct or alternatively is allowed to get into the public domain, then serious damage can be caused to you both emotionally and financially.

Recent cases such as Google -v- Vidal Hall and Others [2015] EWCA Civ 311 and SSHD and H.O. -v TLU and TLV [2018] EWCA Civ 2217 illustrate the current helpful approach of the Courts, for those who have suffered a breach of their data rights.

A leading registered social landlord recently leaked personal details of some 300,000.00 + tenants. We already act for some of these tenants. Please do not hesitate to Contact Us if you feel that your data rights have been breached. To view the article in full please Select Here.

YOUR OPTIONS

Initially you can (and should) seek to do any or all of the following:

Complain to the private company or public body in default directly.
Complain to the Information Commissioner’s Office (‘the ICO’).

If the above does not resolve the issue to your satisfaction please do not hesitate to contact us and we can assist you on possible Civil Proceedings to:

Request that the error be rectified by declaration.
Seek an injunction to ensure the defaulting party does not do the same again.
Seek compensation for damage that has been caused to you.

BRINGING A CLAIM AND FUNDING

If you believe and ideally have evidence that your personal and sensitive information/data has been breached, you can commence an action against the defaulting party for their wrongdoing. Legal Aid is unavailable for this type of claim but based upon the merits of a claim we may be able to assist you on a ‘no win, no fee’ a basis. This means that if you do not win, we do not get paid. In addition, if we have to commence court proceedings we will first seek to gain the backing of a reputable Insurance Provider who (subject to assessment of prospects) is willing to fund your case through the Court process should that be necessary at no cost to you. Please do not hesitate to contact us if you feel that your data rights have been breached.

The types of situations which may arise include Making public confidential information/data; Disclosing information/data without consent; Disclosing information/data with consent to incorrect party. We are aware for example that WCHT (Watford Community Housing Trust) recently inadvertently disclosed private details of some 350,000.00 of its tenants. Other types of claims could include the storing of inaccurate and out-of-date information/data or the holding of data longer than necessary.

Please do not hesitate to Contact Us if you feel that your data rights have been breached.