There is no definition of 'damage' in the legislation but in the past in similar circumstances the courts have been prepared to find that compensation should be paid in cases where data has been lost
Also there are instances where institutions have breached data protection concerning their customers and have volunteered compensation to those affected
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In 2004 HFC Bank inadvertently revealed the email addresses of 2600 customers and volunteered payments £50 to each of the affected customers to compensate for their error.
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In the case of Roberts v Media Logistics (UK) Ltd 2005 a settlement of £300 was made to Mr Roberts who received unsolicited marketing emails from a company to whom he had not authorised release of his personal details.
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There are no fixed levels of awards and the amounts claimed will vary from claim to claim.
Importantly the above examples demonstrate the level of awards made in circumstances where claimants were not alleging any significant damage or loss as a result of their personal data being lost or disclosed without authorisation .
Our Claims Pack contains a draft letter and guidance document which will allow you to start making a claim immediately without the need for further legal advice. It is designed for use only where any damage claimed are of modest value though. If you feel that you have suffered significant damage, for example in respect of incurring substantial losses and distress, then you should consult with a solicitor before putting forward your claim.
If you experience any problems with your download, please contact us on sales@compensationpack.com.
