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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50177
Experience:  Qualified Solicitor
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My personnel documents including a return to work interview

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my personnel documents including a return to work interview and occupational heath reports were leaked among staff by another member of staff. am I entitled to any compensation under breach of data protection?

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Have you suffered any losses as a result?

Customer: replied 1 year ago.
no just the emotional stress it has caused me.

Thank you. 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 does not fall within these areas unfortunately so no distress damages would be payable.

If there have been financial losses as a result of the breach, then the case could be taken to court. However, as you have confirmed no financial losses have been suffered here.

Based on the above, I am afraid you cannot claim for financial compensation, but you may nevertheless complain to the employer or the ICO and those responsible could be reprimanded if necessary.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help. I shall consider informing the ICO as I feel if the person responsible were reprimanded this would suffice and hopefully no one else will be at risk of having the same happen.Thanks again

You are welcome all the best