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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked with my company for 10 years and entrusted my

Resolved Question:

I have worked with my company for 10 years and entrusted my personal document for safe keeping are kept in confident and locked away under the data protection act .one day it was brought to my attention that my personal document is gone missing,I was surprise and in shock,I find this to be inexplicable and inexcusable.i suggested to manager about involving the police.but they declined and claimed the documents can be replaced.this document entails my bank details ,birth certificate, copies of my passport,NI ,marriage certificate etc, I am very angry by the lies irresponsibly made to me.in this case what should I do?the manager said this is not crime offense
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me was this a file in your managers documents or was this a paper file kept in your managers office and have any other employees files gone missing

Customer: Hi,this documents always kept and locked in my managers office,they told me ,only my document was gone missing,others not
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded. I have a meting this morning and will get my advice ready for you on how to proceed with this for this afternoon regards ben

Customer: Thanks,look forward to hear from you.
Ben Jones :

Many thanks for your patience. Your employer is correct that this is not really a criminal offence, at least the act of losing the documents is not. If there was a theft of the document then that would be a criminal matter but not if it was simply lost or misplaced by the employer. Therefore, the police are not going to be interested in this.


 


A loss of personal data is a breach of data protection regulations and that is an entirely civil matter. You are able to make a complaint directly to the employer through the grievance procedure but this will not compensate you in any way, it is likely to either result in the employer reviewing their procedures or disciplining the people responsible.


 


You can report this to the Information Commissioner’s Office, who is the regulator for data protection issues but they can also not compensate you and they can only deal directly with the company, for example fine them or ask them to improve their procedures.


 


If you wanted to sue the employer over this then you can only do so if you have actually suffered financial losses as a result of this. Simply them losing the documents is not enough – you need to have suffered losses, for example your personal account being hacked and money taken out or you incurring other losses or costs as a result. If no such losses have been incurred then you cannot pursue the employer for compensation and the above two options are the only ones available to you.


 


Hope this clarifies your position?

Customer: Thanks for your advice.I have one more question to ask,what about if they are lies to me,I mean actually the documents is not gone missing,is the company intentionally to removed ,because of some of reasone for example they are afraid of inspection.
Ben Jones :

Hi, it will not change your legal position much. Again you cannot really claim anything without losses and you are still able to raise a grievance and if you find out that they did lie to you and the trust between you and the employer has been seriously affected then you can also consider resigning and claiming constructive dismissal but that can be a risky claim, especially as you re placing yourself out of a job in the process.

Customer: Ok thanks for your help
Customer: Hi, should I report this matter to the information commissioner's office now,in case later some of times I might suffer for example my personal account being hack or somebody using my identity
Ben Jones :

If there has been a breach of data protection you can report this to the ICO if needed. Steps you should take are listed here:

http://ico.org.uk/for_the_public/raising_concerns

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? I just need to know whether to close the question or not? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hello Tong, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you

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