Mr Dan Higham has successfully represented a client in a data breach claim against Cornwall Council 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.
The client in question (who wishes to remain anonymous for the purposes of this blog) purchased a property for their ex-partner to move out of the family home and the client agreed to pay all the bills on the family home until it sold. However, following a violent incident with family members, the client re-located, selling the family home and the Council tax bill for that month had already been paid by the client’s ex-partner.
The client contacted Cornwall Council to confirm their new address and to explain not to disclose the new address to their ex-partner. However, the client called Cornwall Council to discuss a discrepancy in a Council tax liability and discovered that their new address had in fact been unlawfully disclosed to their ex-partner when they had attempted to reclaim payment of the Council tax instalment. The client, as a result, suffered from distress and inconvenience from the constant worry their ex-partner would approach their new home and inform their family members of their whereabouts.
The client complained to Cornwall Council, who admitted a breach had occurred and apologised for what had happened. Cornwall Council also reported themselves to the Information Commissioners Office.
As this admission and apology was not enough for the client, they 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 Cornwall Council on behalf of the client.
The Letter of Claim alleged that Cornwall Council had breached GDPR, Article 8 of the Human Rights Act 1998, confidence and committed a misuse of private information as Cornwall Council should have kept the client’s personal data secure and ensured that the data was not recklessly disclosed to any third party without prior permission or consent.
Despite the above, Cornwall Council did not admit liability and instead instructed their Solicitors to engage in settlement discussions with Mr Higham to resolve the matter at this early stage. Following receipt of specialist advice from Mr Higham, the client confirmed their instructions to accept an offer of £14,500.00 including legal costs in settlement of the claim of which the client was very happy with.
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