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Ashtons Estate Agents Disclose Details of a Prospective Buyer Without Consent

Ashtons Estate Agents Disclose Details of a Prospective Buyer Without Consent

Background

Mr Dan Higham has successfully represented a client, Mr Grasby, in a data breach claim against Ashtons Estate Agents for breach of the General Data Protection Regulations (GDPR), a breach of Article 8 of the Human Rights Act 1998, a breach of confidence and a misuse of private information.

Mr Grasby was interested in purchasing the property next door to his home and wished to keep the purchase confidential. However, the third party contacted Ashtons Estate Agents to request the details of the interested buyer and Ashtons Estate Agents then disclosed the Mr Grasby’s name and details of the purchase without any permission or consent ultimately leaving him no option but to withdraw from the purchase.

Mr Grasby accordingly complained to Ashtons Estate Agents who admitted the breach that took place and apologised for their error.

Representation

As this admission and apology was not enough for Mr Grasby, he proceeded to instruct Mr Higham at Irvings Law (specialist data protection solicitors) and was offered no win, no fee terms without hesitation. Mr Higham then submitted a Letter of Claim to Ashtons Estate Agents on behalf of Mr Grasby.

The Letter of Claim alleged that Ashtons Estate Agents had breached GDPR, Article 8 of the Human Rights Act 1998, confidence and committed a misuse of private information as Ashtons Estate Agents should have kept Mr Grasby’s personal data secure and ensured that the data was not recklessly disclosed to any third party without prior permission or consent. Surprisingly, Ashtons Estate Agents instructed Solicitors whom denied that their actions amounted to the alleged breaches.

Resolution

Despite the above, Ashtons Estate Agents instructed their Solicitors to engage in settlement discussion with Mr Higham on behalf of Mr Grasby. Following receipt of specialist advice from Mr Higham, Mr Grasby then made an offer of £1,500.00 plus payment of his reasonable legal costs to Ashtons Estate Agents in settlement of his claim whom duly accepted the offer Mr Grasby had made.

Posted in GDPR Case Reports

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