Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long ago did you leave? Please can you also tell me how long you worked there and whether you have actually been advised that your employment details will be shared?
Hi it appears you posted the response to this as a new quesiton and I have only just seen it. I will post it on here so I have it for reference and will close the separate quesiton you opened.
For Ben Jones : I have been with the company for 13 months. I have never been told that my details would be shared. I found this out from the third party company who thought that it was strange and at the very least a breach of data protection or privacy rules
Whilst this may indeed be a data protection breach, you cannot just make a claim about it. The law says that 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.
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. Your breach was not for any of these purposes so unless you can show that you have suffered any losses as a result of the breach, you cannot make a claim for compensation.
This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further if you have suffered losses, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hi there, you cannot prosecute them for a breach in confidentiality - as mentioned the ICO deals with breaches of data protection and they decide what happens, whether they are fined for example. The only claim you can make is to sue them for losses incurred from the breach – you say that you may not employed by the new company as a result – if you have evidence to back that up then that is the only potential claim that can be made, covering some loss of earnings. Of course if you were to find a new job that pays more or less the same anyway then you would not have suffered losses so a claim is pointless.
Hello Martin, remember that you can still take your own legal action against them but it is down to you to prove that the breach resulted in you incurring losses (i.e. not getting a job as a direct result of what they did) and that you could not mitigate your losses (i.e. that you tried your best but could not stop being out of a job)
You are welcome, all the best!