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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A private hospital divulged personal information to a third

Resolved Question:

A private hospital divulged personal information to a third party without my consent. The Office of the Information Commissioner upheld my complaint but refuses to prosecute the hospital. The hospital have failed to apologise for this act. I also believe the hospital breached the Human Rights Act as I am entitled to a "Private Life," when the information was divulged to the third party this right was ignored.
Can I privately prosescute the hospital or individual concerned?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Section 13 of the Data Protection act states:

Alex Watts :

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Many thanks for your response. What should I claim for my losses, have you a sum that is reasonable and takes into account their attitude, "they were conducting daily business" as they wanted to know whether I was still a member of BUPA and my credit card details. Despite being told I would telephone them on my return they rang again the following day. I had not even attended a consultation at the hospital.

Alex Watts :

I think in reality you would get less than £2,500

Alex Watts :

Does that help?

Customer:

Many thanks for all your help.

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