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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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At a pub I run a car hit into another car and drove of leaving damage on the other

Customer Question

Hello
At a pub I run a car hit into another car and drove of leaving damage on the other customers car, unfortunately a staff member then gave that customer the email address of the customer who hit the car. They are now trying to sue me for breach of data protection. Where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
So, two customers had this collision?
Customer: replied 2 years ago.
yes it was two customers however one of the customer was parked and eating in the pub at the time the incident happened. Then the customer who hit the car drove off. A member of staff informed the customer who's car was hit and then gave them the email address we had of the customer who had hit the car. Now the customer who's email address was handed out has now emailed saying we broke the data protection act and is looking for compensation.
Sorry it's very confusing
Expert:  Jo C. replied 2 years ago.
Why did you have the email address?
Customer: replied 2 years ago.
Well we had there email address from the time of their booking
Expert:  Jo C. replied 2 years ago.
Well, that is a breach. There is no way around that.
The only challenge might to argue that you are not a data controller within the meaning of the legislation.
However, given that the customer in question was involved in what might be described as a hit and run and ultimately the police could always have seized this information the Information Commissioner is very unlikely to be sympathetic.
If the IO were sympathetic he would probably get about £100.
It depends whether you want to put this to bed without any time wasted. If so, make an offer. If you are prepared to contest this then just tell him to complain to the Information Commissioner.
He might not accept your offer because he probably thinks he can claim £20k. If he will not then your decision is made.
Personally I wouldn't make any offer at all but that is really a personal thing because I cannot stand people who are acutely aware of their rights and entitlements but struggle with their obligations and duties. They generally make good victims in my experience.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your answer.
Kind regards
Ben
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.