Compensation for Data Protection Breach?

wee_plumb

Hi All,

I'm wondering if any of you knowledgeable people would know if there's any compensation liability for a data protection breach.

I've got a complaint in with the car insurance company at the moment but wonder if there are any hard and fast rules regarding this type of thing.

Thanks.

ACG

http://www.ico.gov.uk/what_we_cover/promoting_data_privacy/taking_action.aspx

crazyguy

wee_plumb wrote: »

Hi All,

I'm wondering if any of you knowledgeable people would know if there's any compensation liability for a data protection breach.

I've got a complaint in with the car insurance company at the moment but wonder if there are any hard and fast rules regarding this type of thing.

Thanks.

What was the actual breach ?

olly300

Nope not for you unless you take them to court. And if you are taking them to court you are likely to be taking them to court on more than just the data protection breach due to possible cost.

BTW if it's an insurance company report them to the FSA as well. You can do it all online.

crazyguy

olly300 wrote: »

Nope not for you unless you take them to court. And if you are taking them to court you are likely to be taking them to court on more than just the data protection breach due to possible cost.

BTW if it's an insurance company report them to the FSA as well. You can do it all online.

Actualy you can raise a small court claim for £30.00 and put in a claim under section 13 of the 1998 Data Protection Act. this part entitles you to all legal costs and damages up to £5000.00.

This part is primarly used if you have previously requested a Company to remove or suppress your personal data on there system.

Bangton

Depends on the breach of DPA. If it has caused significant stress ...for example giving your details to a violent partner you were on the run from ...ie ...that serious then you are within your rights to demand a fair whack for obvious reasons.

Other breaches that may have caused embarrassment, financial loss, changes to an account etc are worthy of compensation but will be judged on their own merits.

In a nutshell, the data protection act is there to protect and thus compensation would be paid out but as to how much would entirely depend on what issues it has caused to you....there are no hard and fast rules.

See what they are willing to offer, decide whether you feel it is a fair representation of the problems it has caused you...if not refer to the Financial Ombudsmen Service.

wee_plumb

My boyfriend is a named driver on the policy and has been since Feb 2011.

He called to get a quote for himself on different vehicle and as we share the same address this flagged my policy. The adviser questioned him regarding this and he explained that he was a named driver.

The adviser then went through with him previous named drivers on the policy to establish his identity. I've been with this insurer since passing my test therefore this was information dating back to 2006!

I appreciate that by having him as a named driver that he should be able to discuss the policy but imo this information did not need to be disclosed and was completely irrelevant to their discussion.

This, to me, was a serious data protection breach. The advisor even told him what my renewal price was going to be. I don't even have this info yet as it's not due till Nov.

crazyguy

wee_plumb wrote: »

My boyfriend is a named driver on the policy and has been since Feb 2011.

He called to get a quote for himself on different vehicle and as we share the same address this flagged my policy. The adviser questioned him regarding this and he explained that he was a named driver.

The adviser then went through with him previous named drivers on the policy to establish his identity. I've been with this insurer since passing my test therefore this was information dating back to 2006!

I appreciate that by having him as a named driver that he should be able to discuss the policy but imo this information did not need to be disclosed and was completely irrelevant to their discussion.

This, to me, was a serious data protection breach. The advisor even told him what my renewal price was going to be. I don't even have this info yet as it's not due till Nov.

Well as you said you have raised this issue yourself with the insurance firm, I would imagine that they will come back and offer you a letter of appology and maybe some kind of goodwill gesture.

If they offer you an amout that you feel is resonable then take it,

You can always say its not enough and they may increase this to a higher amount.

If you decide then to go down the legal route as said above by Bangton, you will need to prove that this has caused distress or financial loss

You may walk away with less than they offer by taking the legal route.

Bangton

Unlikely to have grounds. If you live with your partner and he is a named driver 9 times out of 10 an insurance company will reserve the right to discuss the policy with him so disclosing named drivers, whilst possibly irrelevant will not stand up. (it is likely this will appear in your policy documents too, under the DPA section).

If you feel strongly enough about it then complain (after all a lot of well meaning but poor advice is given on these sorts of forums). I think you will find you are offered a token payment at best. Likewise I can't see the FOS overturning such a decision as in all honesty how has it caused any detriment to you?

(Lots of spouses and partners WANT their other halves to be able to discuss their policy which is why it tends to be noted on the policy booklet that the insurance company will do so)

ACG

I can see how that could cause problems, especially if you have ex's he wasnt aware of but its probably not really DPA, his name is on the policy so hes party to the contents of it.

Look at it from the otherside - if he wants information on the policy and couldnt get it (lets say you didnt have time for whatever reason) you would be peeved that he couldnt get the info off the policy.

I think you would be hard pushed. Maybe a letter of complaint but id be surprised if the ICO or FOS would take it any further.

dacouch

Is the Insurer Admiral by any chance