Breach Of Data Protection

olly300

OP one thing you need to know is that members of the judiciary are use to ruling on matters that involve human relationships.

They therefore approach the matter with common sense and are likely to point out that:
1. You and your partner where living as a household
2. You had some combined finances whether directly or indirectly.

Therefore like Clapton stated the fact that you and your partner split up about your financial matters would indicate their were problems in your relationship.

Also the Information Commissioner is use to dealing with breaches by financial organisations and companies that give out loans. Unless the breach is serious i.e. they are video recording someone without telling them, the companies tend to get a slap on the wrist.

The only thing you can do is:
1. Not accept the compensation and ask for more money giving legal reasons why you are owed more compensation.

2. If they don't agree to give you more then you can omplain to the Information Commissioner, and if the Information Commissioner finds the company acted unsatisfactorily in how it acted then you have to take them to court yourself.

This will cost you money.

standupguy

newfoundglory wrote: »

True, but only when there is also direct financial loss involved.

A claim for compensation for breach of the DPA due to distress has nothing to do with Financial loss?

lelilo1

Thanks standupgye for your sound advice. During the course of today whilst awaiting posts on here i have conducted a spot of research in to this and i have decided to not accept their £100 good will gesture as a matter of principle. I am going to write them another letter as per standupgye and wait for a futher response. I would be prepared to take this to the county court due to trhe fact that it is the principle, no matter what the cost. If such an Act of parliament has such a minute legal stance to rely upon then what was its purpose in the first instance hey LOL. There's nothing wrong with negotiation which is what i intend to have a go at. Once again standupgye much appreciated:T

newfoundglory

13 Compensation for failure to comply with certain requirements
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

Damage being financial loss. It clearly states in DPA S13(2) that you can claim for distress only where you also suffer damage ("the individual also suffers damage by reason of the contravention").

Yes, you can sue... but YOU must prove damage, they can argue that they TRIED to comply under S13(3), and in reality if you won how much are you likely to get anyway?

The Act is very complex. I would strongly suggest you seek the guidance of a qualified lawyer...

epsilondraconis

Good luck with your letter - let us all know how you get on. Just one thing, it may be worth spell checking your text before you send it to the car finance company.

I would recommend you also contact the CAB before writing the letter. Perhaps they can provide you with some nuggets of information that would be worthwhile including in your correspondence.

Good luck...


Edit: Just out of interest, what information did the finance company actucally discuss with your former partner? If you were making regular payments, I don't understand what information they would be seeking. Are you able to elaborate on this?

lelilo1

Well they actually called my home telephone number to discuss early payment over the xmas period??????? as my partner answered they asked if i was in and when he replied no they stated the reason for their call which was to see if i wanted to make my payment for december early?????? and when he asked them what for, they simply told him what he wanted to know so.......I am in law school at the moment however i have not yet touched upon data protection in such great detail, but i have feeling i am gonna be well savy by the time this draws to a close.

tinkerbell84

Oh goody, a law student :rolleyes:

lelilo1

Dont mean to sound rude tinkerbell84, but why the sarcasm????????i have posted for a very valid reason. I dont understand?????????

ILW

I think the finanace company may have done the OP a favour. A relationship based on mistrust where one half cannot even tell the other about a car loan is on extremely dodgy ground. I believe a judge may rule that if this was the prime reason for the break up, then there was no loss as their was no relationship to speak of in the first place.

standupguy

I cannot believe some of the judgmental and opinionated comments on this thread from some long term posters who should know better.

This is clearly a breach of the DPA which is a serious matter.

It would be very surprising indeed if the financial institution involved allowed this matter to escalate - they have clearly breached the DPA and will be looking to wrap this issue up amicably and quickly.

I do not think for one moment that they will allow this to go to court - so arguing about the potential final outcome of any court case is pointless.

This is just a matter of negotiation to reach a settlement satisfactory to both parties.

The company have offered their opening shot of £100 - this is the start of the negotiation not the final offer.

Judgmental comments about "the relationship" are out of order - it is none of anyone's business - the op was asking about the breach of the DPA.

Furthermore to suggest that "the Finance company has done the op a favour" by breaching the DPA is just a crass and bigoted comment that has no place here and it is the sort of comment that can put off future posters for fear of being humiliated or ridiculed.

Tinkerbell 84 - for a long term poster those comments do you no credit!

This site is all about helping and giving support isn't it?