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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46765
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my annual appraisal document is open and can be viewed by anyone

Resolved Question:

my annual appraisal document is open and can be viewed by anyone with knowledge of the file path. Am I able to claim compensation against my employer?
To verify this I accessed my fellow colleagues appraisal documents. This was possible because they too were not password ***** In order to obtain proof of this I emailed the documents to my home email address with a view to collecting evidence / taking action against my employer. But in this have realised I have breached DPA also.
I emailed home a voice recording to enable me to work from home, this too my be seen as breach on my part.
I'm handing my notice in on Monday but would like to know am I able to take action against my employer if so what action or compensation is applicable? Could my employer also take action against me, if so what action could they take?
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. What was the voice recording of?
Customer:

Ben I gave you the answer to your above enquiry. The recording was from a member of my team talking to a customer. I was working from home writing a report in respect to quality monitoring the call. that's part of my job. I have received an email asking me to rate your service.As you have not answered any part of my question sent on 28th Feb I would have to rate the service received as very very , extremely poor.

Ben Jones :

Hi there, just to respond to your comments first – there was no information in your original query about the nature of the voice recording – all you said was that you sent a vice recording home, but with no details of what it was about hence why I asked my initial query on Sat at 6.58pm. I then received no response from you until over a day later – 7.25pm this evening and that is the first time you actually responded to that query, so until then I was still waiting on the information I needed from you to be able to answer your query. The emails you may have received are sent automatically once someone picks up your question but as I was still waiting on you to get back to me so was not going to be able to answer your query until now. Based on your last comments in your response, do you still wish to proceed?

Customer:

Hi Ben, I gave you a response on the same day immediately having received your enquiry. I'm unsure why you did not receive it.

Customer:

Perhaps I'm not using this chat facility properly. as soon as you send a full response to my question I do a rating.

Ben Jones :

Hi, I am not sure why the initial response did not come through – as you can see from the dates/times above the first I heard from you was yesterday evening.

Anyway, let’s get back to business. 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. However, there are specific rules on making such claims and I will discuss these in more detail below.

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. In your case the breach you want to claim for is not linked to these so you will not be allowed any damages for distress and if you have not suffered any actual financial losses then you will not be able to claim anything.

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://legalbeagles.info/data-protection-act-taking-a-case-to-court/

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

As far as the employer’s position is concerned, the same applies. If they have not suffered actual losses then they cannot claim anything against you, even if you breached the DPA. It could well be that neither of you can take the matter any further in this case due to the apparent lack of financial losses suffered.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

thank you for your assistance Ben

Customer:

trying to rate your work but the rating buttons are greyed out. says the expert has not finished answering. Good services!

Ben Jones :

Thanks for getting back to me, the ratings option is enabled, if you have trouble leaving your rating we can process it manually so no bother. All the best

Customer:

.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46765
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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