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Ben Jones
Ben Jones, UK Lawyer
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My persoanl data has been breached my an organisation what

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My persoanl data has been breached my an organisation what recourse do I have. The organisation has notified me of the breach. The breach occurred on the 6th february and I have just been notified in a letter dated 16th February.The company have ststaed that if I wish to discuss the matter, I should contact them.I would like to know what my options are, if any?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What was the personal data in question, how was it breached and what have been the repercussions of this?

Customer: replied 1 month ago.
My account name, Bank account details and sort code. It was access by an individual in another organisation

Did you suffer any losses?

Customer: replied 1 month ago.
I contacted my bank today to infom them. They have update my secuirty details for online banking etc, and have put a note on my file to monitor activity, so to date as far as I am aware no financial loss.
Customer: replied 1 month ago.
are you able to provide an answer to my last response?

Thank you. The Data Protection Act 1998 (DPA) outlines certain principles for data controllers to adhere to when they process an individual’s personal data. If a party has acted in contravention of the DPA, the person whose rights have been breached could potentially make a claim for damages.

The first step is to consider reporting the alleged breach to the Information Commissioner’s Office. They are the regulatory body that deals with data protection breaches and have certain powers at their disposal to deal with them. However they will not award compensation to the victim so the only way to try and do this is by going through court.

To be able to claim compensation the victim must usually show that they have suffered financial damage as a result of the breach. However, a recent ruling said that damages for distress can also be made even if no financial losses have been suffered. As this is quite a recent development the practicalities of doing so are yet to be considered.

So if there have been financial losses or just distress suffered, the case can potentially 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 - often they may issue their own compensation to keep the person happy and avoid it being taken further. However, if that is not possible and court appears to be the only recourse then this page contains useful information on how take a claim for data protection breaches to court:

Remember that court should only be used as a last resort and assuming all other attempts to try and resolve the matter have failed.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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