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The Information Commissioner cannot award compensation.
As an individual you may go to court to claim compensation for damage or distress caused by any organisation if they have breached the Data Protection Act.
When can I claim compensation under the Data Protection Act?
You have a right to claim compensation from an organisation if you have suffered damage because they have breached part of the Act.
You can normally only claim for any distress you have suffered if you have also suffered damage. However, if the organisation broke the law when they used your information for journalism, artistic or literary purposes, you can claim for distress alone.
How do I make a claim for compensation?
You do not have to make a claim to a court if an organisation agrees to pay you compensation. If you cannot reach an agreement with them, you can apply to a court for compensation alone or you can combine your claim with an action to put right any breach of the Act.
By law, the Information Commissioner cannot award compensation, even when he has said that in his view the organisation did breach the Act. You would still have to make a claim to a court.
How do I go about taking a case to court?
For guidance on what you need to do, please read Taking a case to court.
Will it help me in court to have asked the Information Commissioner whether the Act has been breached?
It may do. You can ask the ICO to assess if the organisation breached the Act and we will tell you whether, in our view, it was likely or unlikely that the organisation broke the law. You can give a copy of the ICO’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 not agree with the ICO’s view.
You may want to ask our helpline first to see if it is worth asking the ICO toassess your complaint. Whether you complain to the ICO or take a case to court, you will need evidence to back up what you say.
How much will the court award me if my claim is successful?
There are no guidelines about levels of compensation for a claim under the Act. It will be up to the judge hearing the case and they would take into account all the circumstances, including how serious they thought the breach was, the impact it had on you, particularly when assessing the distress you suffered. Even when you can show the court the exact sum of money you have lost as a result of the breach of the Act, it is still up to the judge to make the award and the judge may reduce your claim or award nothing at all.
It is also important to remember that 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 about what you should do to enforce the judgement.
The Information Commissioner cannot award compensation.
As an individual you may go to court to claim compensation for damage or distress caused by any organisation if they have breached the Data Protection Act.
When can I claim compensation under the Data Protection Act?
You have a right to claim compensation from an organisation if you have suffered damage because they have breached part of the Act.
You can normally only claim for any distress you have suffered if you have also suffered damage. However, if the organisation broke the law when they used your information for journalism, artistic or literary purposes, you can claim for distress alone.
How do I make a claim for compensation?
You do not have to make a claim to a court if an organisation agrees to pay you compensation. If you cannot reach an agreement with them, you can apply to a court for compensation alone or you can combine your claim with an action to put right any breach of the Act.
By law, the Information Commissioner cannot award compensation, even when he has said that in his view the organisation did breach the Act. You would still have to make a claim to a court.
How do I go about taking a case to court?
For guidance on what you need to do, please read Taking a case to court.
Will it help me in court to have asked the Information Commissioner whether the Act has been breached?
It may do. You can ask the ICO to assess if the organisation breached the Act and we will tell you whether, in our view, it was likely or unlikely that the organisation broke the law. You can give a copy of the ICO’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 not agree with the ICO’s view.
You may want to ask our helpline first to see if it is worth asking the ICO toassess your complaint. Whether you complain to the ICO or take a case to court, you will need evidence to back up what you say.
How much will the court award me if my claim is successful?
There are no guidelines about levels of compensation for a claim under the Act. It will be up to the judge hearing the case and they would take into account all the circumstances, including how serious they thought the breach was, the impact it had on you, particularly when assessing the distress you suffered. Even when you can show the court the exact sum of money you have lost as a result of the breach of the Act, it is still up to the judge to make the award and the judge may reduce your claim or award nothing at all.
It is also important to remember that 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 about what you should do to enforce the judgement.
