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Data Protection And Privacy Claims

A growing number of organisations store and process personal, private and confidential information about each and every one of us. 

Under current legislation, organisations must keep your information safe, accurate, used in the way you have agreed, and not disclosed without your permission. Frequently, however, those in possession of this information fail to do so; whether or not the failure is intentional, the consequences can be devastating.

If your personal, private and or confidential information is disclosed in such a way, you may have claims for breach of the General Data Protection Regulation or Data Protection Act 2018, and or misuse of private information, breach of confidence and or breach of your human rights.

General Data Protection Regulation 2018 (GDPR) and Data Protection Act 2018

The GDPR and Data Protection Act 2018 provides a legal framework for the collection, use, storage and dissemination of “personal data” and “sensitive personal data”. This legislation is there to protect your information and give you greater transparency over its use.

Under GDPR and Data Protection Act 2018, there are two types of data; personal data and sensitive personal data.

Personal data is identifying information and can include names, addresses, bank details and photographs. There are fewer safeguards for personal data than there are for sensitive data.

Sensitive personal data can include sensitive health history such as your psychiatric history or gender reassignment, religious beliefs, sexual orientation, sex life, genetic data and bio metric data. In most cases a person must be asked specifically if sensitive personal data can be kept about them.

Information relating to criminal convictions and or offences has its own separate special category and has specific regulations as to its processing.

The GDPR and Data Protection Act 2018 places greater obligations on how organisations control and process personal information in line with your legal rights. The incorrect use or unauthorised disclosure of this information can cause distress and often urgent action is needed.

The unauthorised disclosure of your information and or storage of inaccurate information may have financial and reputational repercussions. If this happens a solicitor will be able to advise you on the best way to make a data protection claim.

Data Protection Claims – Group Actions

In some cases organisations may suffer a data leak where multiple people’s data are either hacked or disclosed. Our team represent both individuals and groups in actions against offending organisations. A group action can be beneficial as we work with a whole group of claimants to obtain resolution and compensation.

We are also able to make group representation in relation to requests for official information, made under the Freedom of Information Act and or the Environmental Information Regulations, held by public authorities.

Misuse of Private Information and Breach of Confidence

There is no right to privacy in English law. However, the torts of misuse of private information and breach of confidence can be used by those whose privacy has been breached.

Private information is information in which an individual is said to have a realistic “expectation of privacy”. Usually what amounts to private information will be clear. The “misuse” in these claims is typically the unauthorised disclosure (including the wrongful publication) of private information but can also include the accessing of such information. However, an individual may not have a reasonable “expectation of privacy” if the disclosed information is already in the public domain (i.e. available on the internet) or if the publication of the information is in the public’s interest.

The law on Breach of Confidence has developed in case law over many years. In order to establish breach of confidence you will need to show that the information has the necessary quality of confidence (i.e. medical records, trade secrets or financial information), the information was imparted in a manner which imposed an obligation of confidence (i.e. doctor or patient or employer or employee) and that there has been an unauthorised use of the information that has caused you detriment.

Information is usually both private and confidential and breach of privacy claims are often bought in both misuse of private information and breach of confidence.

Human Rights Act 1998

If a public body has beached your privacy, you will also be protected by the Human Rights Act 1998 under Article 8 of the European Convention of Human Rights – the right to respect for an individual’s private and family life, his or her home and correspondence.

What can Hodge Jones & Allen Solicitors do to help?

Our specialist team of solicitors have a proven track record and have succeeded in obtaining compensation for victims of data and privacy breaches in a number of complex claims in this developing area of law.

Provided you can prove that you have suffered distress and or financial loss as a result of the data breach, we can claim compensation from those who breach the law on privacy.

How can I claim for Compensation?

Provided you can prove that you have suffered financial loss and or distress as a result of the breach, we can claim compensation from individuals and organisations who breach the data protection rules. We can also bring challenges under the Human Rights 1998 if we can show that your right to private and family life has been breached.

It is not enough to claim for compensation simply because an organisation has breached your data, you have to show that you have suffered some financial loss

If you believe your information regarding your personal details have been shared without your consent, our specialist team are available to provide initial and confidential advice.

Our Dispute Resolution Solicitors are backed by four decades of experience. Our legal practice and team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today.

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Phone:0800 437 0322
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Address:Hodge Jones & Allen Solicitors
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