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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my old company I used to work for has given out private and

Resolved Question:

my old company I used to work for has given out private and confidential information out to other employees about me can thay do this
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What type of information was given out?

Customer:

a letter was given out about me that was headed private and confidential about a appeal that I had with the company that had things in it about my mothers heath

Ben Jones :

who was it given to and what was the purpose of disclosing that letter?

Customer:

it was given to a union rep how then gave it to someone else but I don't think the company should have let this happen

Ben Jones :

Any information which is personal about you, i.e. it is information from which you can be identified, will be protected under data protection regulation. Therefore, if a party has acted in contravention of the Data Protection Act 1998 (DPA), then anyone who has suffered damage or distress as a result can potentially make a claim.


 


The first step is to report the alleged contravention to the Information Commissioner’s Office. They are the regulatory body that deals with breaches of data protection regulations and can investigate and fine the infringing party. However they will not award compensation to the victim so the only way to try and get any compensation is by going through court.


 


If the victim has only suffered distress and no financial damages, compensation is not available unless the breach related to the “special purposes” which means it was related to the processing of artistic, literary or journalistic information. Any other breaches will not qualify.


 


If there have been financial losses as a result of the breach, then the case could be taken to court. I would not recommend that this is done straight away and suggest trying to reach some kind of compromise with the violating party. However, if that is not possible and court appears to be the only recourse then this leaflet contains useful information on how take a claim for data protection breaches to court:


 


http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf


 


Remember that court should be used as a last resort and if all other attempts to try and resolve this have failed.


 

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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