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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Breach of s7 of the Data Protection Act

Resolved Question:

Hello, I am contemplating issuing a summons to a public authority as they have failed to provide a response to my subject access request within 40 days and also respond to my request for internal review following their breach of the Data Protection Act. Although I will be seeking an order from the courts to compel the public authority to comply with s7 of the Data Protection Act, my question is am I entitled to any damages if my case is successful and if so how would I go about claiming the damages please?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
If you have suffered damage then yes as S.13 says:
13 Compensation for failure to comply with certain requirements.
(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.
(2)An individual who suffers distress 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 distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I aware of s13. However, my question is, am I entitled to any damages if my case is successful and if so how would I go about claiming the damages please?

Expert:  Ash replied 2 years ago.
You would claim damages by above. You can claim damages if you can show you have suffered a loss as a result.
Does that clarify?
Alex
Customer: replied 2 years ago.

So, if I am successful in the claim then I could claim damages for the time and effort in preparing and bringing the matter to court. Is this correct please?

Expert:  Ash replied 2 years ago.
Yes. £18 per hour.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks for your time.

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex