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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73500
Experience:  Qualified Solicitor
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I would like to make a claim for compensation on the basis

Customer Question

hi, I would like to make a claim for compensation on the basis of data protection breach with my former employer ( Gyrodata, an oila and gas company based in Aberdeen). I received a letter yesterday from Gyrodata corporate notifying me on the incident.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no, I havent since I have been made redundant effectif on the 19 october 2020 and curently there is an ongoing tribunal case between myself and Gyrodata.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: no I dont belong to a ny union, I am currently unemployed as was made redundant due to covid
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have the letter that I received from Gyrodata that speak by itself which I can forward to the lawyer
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 15 days ago.

Please explain the situation in some more detail

Customer: replied 15 days ago.
is it possible to send you the letter that I received from my former employer with regards ***** ***** of data protection
Customer: replied 15 days ago.
No longer interested if I have to pay £44. thanks and BYE
Expert:  Ben Jones replied 15 days ago.

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with. Please upload a copy of the letter on here so that I may take a look

Expert:  Ben Jones replied 15 days ago.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. The latest version of the Data Protection Act (DPA) is the current legislation on data protection. It outlines certain principles for individuals and organisations to adhere to when they process an individual’s personal data. Any information from which an individual is personally identifiable will amount to personal data. If a party has acted in contravention of the DPA, the person whose rights have been breached could potentially take things further and even seek compensation for damages.

The first step is to consider reporting the alleged breach to the organisation in breach to see if things can be resolved directly with them, without the need to involve anyone else.

If that is unsuccessful, the next step is to consider reporting this to the Information Commissioner’s Office (ICO). They are the regulatory body that deals with data protection breaches and have certain powers at their disposal to deal with them, such as imposing fines and sanctions. However, they will not award compensation to the victim so the only way to try and do this is by personally going through court.

What the ICO can do, if a breach is reported to them, is order the company to do any of the following:

- impose a temporary or indefinite ban on the processing of data

- force them to comply with your request

- provide any required information

- warn and admonish

- order rectification, erasure or destruction of specific data

- impose severe financial penalties and fine the company in breach

If the victim wanted to take formal legal action, they may do so and issue a claim in the civil courts. There is no need to show that financial losses have been incurred and compensation can be sought for mere distress caused by the alleged breach. The level of compensation will depend on the severity of the breach and the effects it has had on the victim. As this is often a complex area, it is advisable to seek further professional advice on the applicable rights and options.

Expert:  Ben Jones replied 15 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.