Claiming compensation

You have the right to claim compensation under the Data Protection Act 1998. This guide will answer the following questions for you.

When can I claim compensation under the Act?

If you have suffered damage because an organisation has broken part of the Act, you have a right to claim from them. If they used your information for journalism, artistic or literary purposes, you can claim for distress alone.

How do I make a claim for compensation?

If an organisation agrees to pay you compensation, you do not have to make a claim to a court. If you cannot reach an agreement with the organization, you can apply to a court for

compensation alone or combine your claim with an action to put right any breach of the Act. The Information Commissioner cannot award compensation, even if he has said that in his view the organisation did break the Act. You would still have to make a claim to a court.

How do I go about taking a case to court?

Our leaflet, Taking a case to court, will help you to do this.

Will it help me in court to have asked the Information Commissioner whether the Act has been broken?

It may help you. By requesting the Information Commissioner to assess if the organisation broke the Act and he will tell you whether, in his view, it was likely or unlikely. You can give a copy of the Information commissioner’s letter to the court together with the evidence you have to prove your claim. However, a court will take their own view of the law and the judge may well not agree with the Commissioner’s view. You may ask our helpline first to see if it is worth asking the Commissioner to assess your complaint. You can find a complaints form on our website. You will need evidence to back up what you say, whether you complain to the Information Commissioner or take a case to court.

How much will the court award me if my claim is successful?

As there are no guidelines about levels of compensation for a claim under the Act, the judge hearing the case will consider taking into account all the circumstances, including the seriousness of the breach and the impact it had on you. In particular, he will assess the distress you have suffered.

You can show the court the exact sum of money you have lost as a result of the breach of the Act. But, it is still up to the judge to make the award and he may reduce your claim or award nothing at all. Even if the court awards you compensation, the organisation may refuse, or not be able to pay. If this happens. You should ask the court, what you should do next to enforce the judgment.