Privacy Advisor

UK—Court awards damages for personal injury under Data Protection Act

February 1, 2012

By Brian Davidson

An individual has successfully sued for compensation for damages under Section 13 of the Data Protection Act—in this case for distress that caused the relevant damage. Section 13 entitles data subjects to claim compensation where an organisation breaches the act causing damage or distress; however, compensation is seldom awarded in the UK. In Sean Robert Grinyer v Plymouth Hospital NHS Trust (28th October 2011. Unreported) the court awarded £12,500 for exacerbation of the claimant's preexisting medical condition and £4,800 for loss of earnings.

Brian Davidson is a Privacy & Information Advisor in Field Fisher Waterhouse's Privacy & Information Law Group, he can be reached at brian.davidson@ffw.com.