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Data Protection Breach - Is My Claim Statute-Barred?

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  • Data Protection Breach - Is My Claim Statute-Barred?

    I recently became aware that my personal data was wrongfully published on 17 July 2018. However, I only discovered this breach on 14 April 2024. I am based in the UK, and I am wondering about the limitation period for bringing a claim under the Data Protection Act 2018 and GDPR.

    Given that the breach occurred in 2018, but I only became aware of it in April 2024, does the 6-year limitation period start from the date the breach occurred or from when I became aware of it?

    Is there a possibility that my claim could be statute-barred if I bring it after 17 July 2024, or would I have until April 2030 since I only discovered the breach this year in April 2024?

    Any advice or guidance on this would be greatly appreciated!

    Thanks in advance.
    Tags: None

  • #2
    How did you discover the breach? Could you have discovered it earlier?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      How did you discover the breach? Could you have discovered it earlier?
      Data Subject Access Request (DSAR): Initially, they claimed they had no data on me, but when I submitted a broader DSAR, they provided information that has had significant consequences for me.

      Comment


      • #4
        date of knowledge may apply

        Comment

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