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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9233
Experience:  Senior Associate Solicitor
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Basically, warrington cheshire, i dont know all i know is a

Customer Question

basically hello
JA: Where is this? It matters because laws vary by location.
Customer: warrington cheshire
JA: What steps have been taken so far?
Customer: i dont know all i know is a church has breached gdpr and i want to sue them and i want to know how i would go about this
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 15 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JimLawyer replied 15 days ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

If your data is being used without your consent, or the church has not processed your data properly, or refused to erase it, this is in breach of the General Data Protection Regulations (GDPR). Note that this is EU law but it still applies in the UK until the end of December this year (during the Brexit transition period). A revision of the law (“UK GDPR”) will come in to effect in January 2021 but for the present purposes, it applies as normal in the UK.

GDPR protects data subjects and if you do not consent, anyone who hands out your data can be held in breach of GDPR. What this means is that the Information Commissioner's Office (the "ICO") can fine companies heavily if they find there has been a breach. The fines are either up to £17m or 4% of company turnover, whichever is greater. As such, I would recommend that you inform the ICO on 0303(###) ###-#### They will take your details and if they feel there has been a data breach will contact the church and possibly fine them. A lot of companies and individuals do not realise the extent of the fines and it is envisaged a lot of businesses will go bust in the event of a breach, not just because of the fines but because the aggrieved party can also claim compensation.

If the ICO tells you there has been a GDPR breach then it makes it much easier to claim compensation (under Article 77 of GDPR) - the amount of which varies and depends on the severity of the breach and the impact it has had upon the aggrieved party. The new data protection law is very new so unfortunately not many cases have been tried in court, so there is not a precedent for compensation levels (yet). As a very rough guide you would be looking at anything between £1,000 and £10,000 (the latter being for a serious breach which has adversely affected you). If the ICO tells you there has been a breach then you can use the attached template, give the church say 30 days to pay you, if they do not then issue a claim at http://www.moneyclaim.gov.uk

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 14 days ago.

Hello, I'm just checking whether I can clarify anything else for you or if you have any other questions?.

Many thanks,

Jim

Customer: replied 13 days ago.
the church is under a charity and they lost my paperwork that i had to create of my past offences
Expert:  JimLawyer replied 13 days ago.

Morning, thanks - they are still data processors and still subject to GDPR laws.