An individual’s right to claim compensation following a breach of the General Data Protection Regulation (GDPR) is given effect in section 168 of the Data Protection Act 2018 (DPA 2018). Join members of our specialist procurement team for our workshop in which they will take you through the key aspects of the Green Paper. It does not constitute legal advice and does not provide a substitute for it. This can include claims for distress, reputational damage, embarrassment, inconvenience or anxiety ̶ sometimes referred to as ‘moral damage’. Data protection breach compensation amounts vary from case to case depending on the type of claim that has been made and the severity of the distress or damage caused to the claimant. The GDPR entitles data subjects to be compensated for non-material damage caused by an infringement. This is extreme, but if you have proof that it happened, it's a course worth considering. This alert covers the implications of that case, as well as placing it in the context of prior developments in data protection damages under DPA 98 and the GDPR. Consumers are able to claim compensation from data controllers when they have contravened the requirements of the Data Protection Act (DPA) and that contravention has caused them damage. iii) By contrast, information about a social meeting which is used to get a photograph is, of itself, likely to attract a lower degree of privacy (in terms of compensation), though it is capable being magnified by other factors, such as contributing to a sense of persecution. Contrast this with awards in privacy cases, such as in the leading case of Gulati & Ors v MGN Limited5 (confirmed by the Court of Appeal in Representative Claimants v MGN Limited6), where the court awarded various celebrities who were victims of phone hacking between £72,500 and £260,250 to compensate for the distress they had suffered. The same approach was taken in the very recent County Court case of Andrea Brown v The Commissioner of Police of the Metropolis8, where the court made a global award of £9,000 for breaches of DPA and misuse of private information. vi) The appropriate compensation will depend on the nature of the information, its significance as private information, and the effect on the victim of its disclosure. Section 13 (2) of the Data Protection Act provides that individuals can claim compensation for distress caused by breaches of the DPA provided they have suffered damage as a result. Tags: damage, data protection, distress, DPA 1998, personal data, section 13 DPA This entry was posted on Friday, June 13th, 2014 at 2:36 pm and is filed under Information law . Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. However, Mitting J rejected any comparison between the levels of award in the case before him and the Gulati case which involved “the deliberate dissemination of private and confidential information for gain by media publishers or individuals engaged in that trade.”. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. In Aven and others v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB) the High Court awarded £18,000 damages to claimants for distress after it was found that their sensitive data was unlawfully processed. Damages under DPA 1998 could be awarded without an individual having to prove financial loss or distress. It follows on from the Court of Appeal judgment in Vidal-Hall and others v Google Inc, in which it was established that claims for damages under the Data Protection Act 1998 (DPA) are permissible even where the only type of damage claimed for is distress. Previously damages for distress under section 13 were thought only to be available as an adjunct where the claimant had suffered some financial loss. vii) The effect of repeated intrusions by publication can be cumulative. The transcript of the judgment in this case has only recently become available. With the appeal withdrawn, this ruling will remain valid. viii) The extent of the damage may be claimant-specific. Traditionally, awards in data protection cases have been low: before 2014 the greatest award for distress in an English reported case was £750 with a nominal £1 being awarded for financial loss (Halliday v Creation Consumer Finance4). The judgment also contains important holdings about the meaning of “personal data” within s1(1) of the DPA. Under the Data Protection Act 1998, section 13(2) provides that individuals can claim compensation for data breaches that cause both distress and damage. Compensation for breach of Data Protection Act: (nominal) damages and distress A data subject whose rights under the Data Protection Act 1998 are breached can claim compensation, for damage that he or she has suffered and for any distress suffered in addtion. With GDPR impending, claims against data controllers solely for distress will soon be given a firm legislative basis and are likely to become more common. Therefore, it is possible that a higher level of damages might be awarded to a claimant who is more vulnerable or is more prone to distress. Increasingly case law has come to emphasise the interrelationship between privacy rights and data protection. In this context ‘damage’ can apply to both material (loss of money) and non-material (distress incurred) harm damage caused to you. Damages awarded for distress caused by CCTV surveillance . It depends on the nature of the information. This case is of importance as it provides useful and relatively rare guidance in relation to damages awards in privacy and data protection claims following the Vidal-Hall decision. In Vidal-Hall v, Google Inc ([2015] EWCA Civ 311) the Court of Appeal dismissed Google’s appeal from the decision of Tugendhat J in which he declined to declare that the English court did not have jurisdiction to hear data protection and misuse of private information claims brought against it.. Communications Law-data-data controller – data protection – infringement of data of an individual -where a claimant was expected to prove pecuniary loss to recover damages – whether a claimant could recover uniform per capita damages for infringement of their data protection rights under section 13 of the DPA, without proving pecuniary loss or distress -Data Protection Act, 1998, section 13 The Court of Appeal had to decide whether: 1. the cause for action for misuse of private information is a tort 2. there could be a claim for compensation for distress alone (ie without any pecuniary loss or other material damage) under section 13(2) of the Data Protection Act 1998 (DPA). The principles for dealing with joint privacy and data protection cases are starting to settle. The domestic authorities are clear that “damage” in … Luba HHJ held that the facts of the instant case were “light years away” from the circumstance in Gulati. Although the claim was under the Data Protection Act 1998, which has since been replaced by the General Data Protection Regulation and Data Protection Act 2018, the amount of compensation that can be awarded for distress is not capped. You have exceeded the maximum number of login attempts for this email address and your account has been locked. In an unexpected decision by the Court of Appeal, it has been held that claimants may recover damages, under section 13 of the Data Protection Act 1998 (Act), even where they have not suffered any financial loss – a development which could have drastic repercussions for the education sector.Compensation for loss or distress Where someone’s private information has been disclosed, how do you determine the compensation they should receive? The decision is significant in finding that damages can be awarded to compensate for an individual’s loss of control of personal data, without the need to establish financial loss or distress. The UK’s state aid rules will change from 1 January 2021 we will bring you up to speed on the new position – whatever that may be. If for whatever reason you have suffered damage as a result of an organisation or individual breaking data protection law, this provides you with the right to claim compensation. Mr Reid was awarded £25,000 under the Data Protection Act 1998 (DPA 98) and other causes of action. What is the current impact for contracting authorities of the PPN? Recently we have seen claimant solicitors rely on this developing relationship to bring a claim on the same set of facts but on multiple grounds: for the misuse of private information and for breach of data protection obligations. Where consumers can show that they have suffered distress from that breach and that damage has also been suffered, compensation may also be awarded in relation to that distress. This case is of importance as it provides useful and relatively rare guidance in relation to damages awards in privacy and data protection claims following the Vidal-Hall decision. What starts out as irritation or embarrassment on the first disclosure can become a justified persistent feeling of distress or upset on repeated disclosures. It sets outs the Government’s proposals for reform of the Public Procurement system in England. The sum will be calculated by the circumstances of the data breach, and the degree of distress you have suffered. The ruling pre-empts the eagerly awaited General Data Protection Regulation (GDPR) which will entitle a claimant who has suffered “material or non-material damage” to compensation in respect of an infringement of the Regulation. such as breaching of bank details causing an account to be emptied. The effective striking down of section 13(2) of the DPA 1998 in in Vidal-Hall and others v Google Inc3 has made it easier to bring claims for compensation for distress alone. The facts were that the defendants had prepared a report that contained information about the claimants alleging that they had delivered “illicit cash”. This gave individuals more control over personal data and what data can be held by organisations. Grosvenor House, Section 13 (1) of the Data Protection Act (DPA) provides a right to compensation for a data subject who has suffered damage by reason of any contravention by a data controller of any of the requirements of the Act. Information which is disruptive of the relationship, or which is likely to affect adversely the attempts of the couple to repair it if that is what they are trying to do, is likely to be treated as a serious infringement deserving substantial compensation.  |  Following Aven v Orbis we may yet see more claims brought for data protection breaches, breaches of privacy and confidence, and misuse of private information. In that case, Lord … Further elaboration of those principles followed in Burrell v Clifford7 in which the court held that the question of appropriate compensation for distress was a broad one which should take into account all the circumstances including: In TLT, Mitting J awarded damages of between £2,000 and £12,500 to twelve claimants resulting from the disclosure of information about each of the claimants. Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com. The award of damages for distress alone (i.e. 20 Barrington Road. Vidal Hall v Google: Damages available for distress in Data Protection claims. Therefore considering whether information is sensitive personal data such that it is afforded the protection of DPA 1998 will be useful for a claimant in establishing whether they had an expectation of privacy. Mr Reid was awarded £25,000 under the Data Protection Act 1998 (DPA 98) and other causes of action. In Gulati the court provided eight principles for determining the quantum of awards of damages in privacy claims: “i) The subject matter of the disclosure is not a rigid guide to the amount of compensation. Damages under DPA 1998 could be awarded without an individual having to prove financial loss or distress. The Cabinet Office has now launched its Green Paper. 4 min read. You can follow any responses to this entry through the RSS 2.0 feed. The amount of compensation payable will depend on the nature of the information listened to and disclosed, in part on the amount of distress and upset caused and in part on the effect on the relationship. Published 15 July 2020 A concession of an issue by the defendant in Halliday v Creation Consumer Finance means the law is still unclear as to whether nominal damages trigger compensation for distress arising from a contravention of the Data Protection Act Section 13(1) of the Data Protection Act (DPA) provides a right to compensation for a data subject who has suffered damage… Distress under GDPR. Section 13 (2) of the Data Protection Act provides that individuals can claim compensation for distress caused by breaches of the DPA provided they have suffered damage as a result. The court found that the claimants were of a “robust character” and therefore the damages awarded to them were modest. Please sign in with your existing account details. However, data breach cases are not straightforward. The tort of misuse of private information derives from the House of Lords’ consideration in Campbell v MGN Ltd2 of how domestic law should operate to bestow an effective remedy for a breach of Article 8 of the European Convention on Human Rights (ECHR) (right to a private and family life). The court ruled that the owner had breached three principles of the UK Data Protection Act 1998 (DPA 1998) and determined the data processing to be intrusive, excessive, highly visible, extravagant, unjustified and “an effort to … In a recently published judgment, the Court said that the Data Protection Act (DPA) does not oblige businesses to pay individuals compensation for distress that causes damage where the distress caused is not attributable to a breach of the Act. An equivalent right is provided in section 169 for an infringement of the DPA 2018 which is not a contravention of the GDPR. It had previously been held in the 2007 case of Johnson v Medical Defence Union that this meant that compensation would only be awarded where an individual could show economic damage as well as distress. there could be a claim for compensation for distress alone (ie without any pecuniary loss or other material damage) under section 13(2) of the Data Protection Act 1998 (DPA). Damages for distress awarded for breach of the Data Protection Act In Halliday v Creation Consumer Finance Limited (“CCF”) the Court of Appeal has awarded in the first case of its kind damages of £750 for distress suffered as a result of information held by CCF relating to a consumer – Mr Halliday – being disclosed to a third party. || The 13 March 2020 Queen’s Bench Division Media and Communications List judgment in Alexander Aristides Reid v Katie Price [2020] EWHC 594 (QB) has added to the body of case law on damages for breaches under data protection legislation. The Data Protection Act 1998 allows data subjects to claim compensation for breaches of the Act that cause distress, but only where the breach ‘also’ causes damage (s.13 (2)). This can include claims for distress, reputational damage, embarrassment, inconvenience or anxiety ̶ sometimes referred to as ‘moral damage’. The claimants claimed damages for reputational harm and distress caused by the inaccurate information being published about them. For anyone requiring help on any of the issues raised, contact our expert litigation team today for confidential and comprehensive advice on 0161 941 4000 or e-mail. Myerson is the trading style of Myerson Solicitors LLP, a limited liability partnership registered in England & Wales number OC347078, whose registered office is as above. All Rights Reserved. Under data protection law, you are entitled to take your case to court to: enforce your rights under data protection law if you believe they have been breached claim compensation for any damage caused by any organisation if they have broken data protection law, including any distress you may have suffered, or a combination of the two. Thus medical information is more likely to be high in the ranks of information which is expected to be private, so its interception and disclosure is likely to attract a higher, rather than a lower, figure... [However] not all medical-related disclosures will be treated equally seriously. However, following a … Although the DPA 2018 does not assist with determining the amount of … You may also rely on other laws depending on the circumstances of your compensation claim. Damages awards and Gulati. non-material damage) in Aven v Orbis echoes the previous judgment in Vidal-Hall v Google Inc [2015] EWCA Civ 311 which was the case involving Google collecting private information from Safari browsers without the knowledge and consent of the individuals concerned. The defendant’s report was commissioned to investigate alleged links between Donald Trump and Vladimir Putin. Distress under GDPR The GDPR entitles data subjects to be compensated for non-material damage caused by an infringement. In what is now commonly held to be the instructive judgment on quantifying damages for data protection breaches, TLT and others v Secretary of State for the Home Department1, the court itself took the view that it was not “necessary or desirable” to separate out a damages award under distinct heads of damages and so only a global sum need be awarded. Compensation for Distress Following Breaches of the Data Protection Act Wednesday, 19 June 2013 Consumers are able to claim compensation from data controllers when they have contravened the requirements of the Data Protection Act (DPA) and that contravention has caused them damage. In what is now commonly held to be the instructive judgment on quantifying damages for data protectio… May 2018 saw the introduction of The General Data Protection Regulation (GDPR), and the Data Protection Act 2018. However a the DPA doesn't often lead to a clear or measurable financial loss. That is contrary to the High Court’s decision, which had found that the damage had to be something separate to, and caused by, the infringement. In the ruling on appeal, the Court of Appeal had ruled that damages for emotional distress, without any pecuniary loss, may be awarded under the Data Protection Act 1998 (the “Act”). 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