Verbal Disclosure of Private Information by Housing Association

Discovery

Irvings Law have successfully represented a Client in a data breach compensation claim against his housing association; the client wishes to remain anonymous for the purposes of this case report and as such will be referred to as ‘MS’. He also does not wish to name the housing association.

MS is a tenant of his said housing association and he had been having some issues with his property which was being assisted by the Shelter charity. Employees of the housing association had a meeting with representatives of Shelter and made comments to the Shelter representatives about MS’s health. MS had not consented to the housing association discussing any health information with Shelter.

MS became aware of this data breach when he requested and received a copy of the notes from the meeting between the housing association and Shelter. MS then made a complaint, asking why the housing association had discussed his health with Shelter, where they had got the information from and who had been told of the health concerns.

MS discovered the comments relating to his health were based on information the housing association had kept since 2008. The housing association had not made any attempt to ascertain if the health information remained correct/up to date. The housing association had also made 6 or 7 individuals/employees aware of the said health concerns; again without any consent to disclose the same. As such, MS raised a further complaint with the Information Commissioners Office (ICO) who found that the housing association had breached the personal data of MS.

Representation

After this, MS found specialist data protection law firm, Irvings Law, and instructed Yvonne Dobson, a Solicitor in the firm, who agreed that the housing association had unlawfully infringed the MS’s personal data. Without hesitation, Yvonne offered MS ‘no win, no fee’ terms.

Once MS was signed up with her, Yvonne then presented a Letter of Claim on behalf of MS to the housing association. The Letter of Claim alleged that the said housing association had breached / invaded MS’s privacy under the Human Rights Act and breached the Data Protection Act as well as breached MS’s confidence following their misuse of private information pertaining to MS.

Resolution

In response to the presented claim and very surprisingly, the housing association denied liability in their Letter of Response, but made a without prejudice offer of £2,000.00 plus legal to MS. After expert consideration, Yvonne advised MS to put forward a counter-offer of £3,000.00 plus legal costs as MS wanted to settle his claim and thankfully, the housing association accept this so MS could move on with his life.