data protection

wills7

Does anyone know what the maximum compenastion claim is for breach of the data protection act?

smithja

it is £5000 per breach, but only certain types count. You need to google the information commissioner and look at the webiste.

wills7

basically may bank have applied for a credit card for me without my authorisation. I complained, they have admitted they were in the wrong and have offered me compensation but it doesn't seem very much considering what they've done but i don't know how much to push it to till i accept that's why i need to know what they'd possibly go to.. any help much appreciated.

tom188

just how exactly have you lost out over this? they applied for a credit card for you without your permission. big deal. did they do any thing else? why do you think you should be eligible for compensation at all.

this "i need compensation" money grabbing culture makes me sick, and who has to pay for it, the rest of the customers of course through higher rates and poorer deals.

wills7

ok - give me your details and i'll apply for one for you shall i?!

tom188

by all means, i dont begin to understand the problem you seem to have.

and any way there is an important distinction here.

the bank applies for it and sends it to me, i'll get the card.
you apply for it for me, you may get the card i may get the card, you may spend on the card i may spend on the card.

i presume
(a) the bank didnt use your card to go on a spree at harrods to redecorate its offices.
(b) they did not send it to somebody else for them to do (a)

again. how have you lost out?

you should be grateful they have offered you anything at all.

wills7

I didn't ask for the card, the search goes on my credit file. Not sure about you pal but i rely on my bank to look after my money and not to bombard me with things i don't want ie cards loans etc.
I don't want them to be giving my details to every Tom !!!!!! and Harry. You may be gratful for everything they want to give you but i don't.

tom188

One search really doesnt matter on your credit file.
I thought you said they gave you the card, so they didnt actually provide your details to any other Tom !!!!!! and Harry. The data was transferred internally.

So why do you need compensation?

wills7

Do you think it's right that banks can apply for stuff for you and can break the Data Protection Act whenever they like?

Reaper

It's not right. But in the end you have not lost out and they are offering you money.

Accept it however little it is as an unexpected windfall. You can also ask them to delete it from the credit agencies if it worries you.

newfoundglory

wills7 wrote: »

basically may bank have applied for a credit card for me without my authorisation. I complained, they have admitted they were in the wrong and have offered me compensation but it doesn't seem very much considering what they've done but i don't know how much to push it to till i accept that's why i need to know what they'd possibly go to.. any help much appreciated.

You would be wise to accept anything they have offered you - providing they have put any breaches right (corrected inaccurate information etc)

Although compensation is covered for under the Act, it only really applies in the case of direct financial loss. You would usually have to go to court to get any money back, so I say take whatever they have offered you unless you really have lost thousands as a result of their mistake - in which case take them to court to claim this loss back.

Companies can only be prosecuted under the Act in certain circumstances, and the £5000 only represents the maximum fine which can be given by a bench in a magistrates court. Unless the breaches were severe, the fine is unlikely be to anywhere near this.

The Act is more about promoting good practice and compliance with the way in which data is used, and less about punishment.