Author: Matt McConville

AAP Team

Ian Kyle

Director

Nick Swales

Director

Matt McConville

Senior Associate

Lucy Smith

Senior Associate

Grace Milnes

Irvings Team

GDPR Team

Ian Kyle

Director

Matt McConville

Senior Associate

Lee Wall

Associate

Damien Gill

Senior Associate

Joseph Waters

Solicitor

West Midlands Police Settle Data Breach Case At Court Door for £29,500.00

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police and Data Breach Departments, has successfully represented a client in a claim for compensation against West Midlands Police but due to confidentiality, the client will be referred to as Ms B.

Ms B was the victim of domestic abuse at the hands of her now ex-husband. The same was reported to West Midlands Police and subsequently, officers attended her home to take details of such allegations which were then recorded on the Police’s internal systems. Thereafter, the brother-in-law of her now ex-husband (whom was a Police Officer within West Midlands Police) used his police-issued mobile device to access the information held regarding the incident in question and disclosed this to Ms B’s said now ex-husband whom informed Ms B of the same. Given this, Ms B raised a formal complaint with West Midlands Police who then commenced disciplinary proceedings against the involved Police Officer for gross misconduct. At such a hearing that followed, the said involved Police Officer admitted that he had accessed the information and a final written warning was issued.

Representation

Given the above, Ms B approached specialist Actions Against the Police and Data Breach Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what had happened was completely wrong and without hesitation, offered to act for Ms B by way of “no win, no fee” presenting a claim to West Midlands Police for a breach of GDPR, confidence and misuse of private information.

Resolution

In response to the claim, West Midlands Police refused to accept that they were responsible for the involved Police’s Offer’s actions as they deemed them to have been committed ‘on a frolic of his own’. Knowing that this Defence to such a claim was weak, Mr McConville advised Ms B to issue and serve Court proceedings and rather than settle, West Midlands Police decided to continue to run a robust opposition to Ms B’s litigation until the day of Trial. At the Court door, West Midlands Police decided to settle Ms B’s claim in the sum of £29,500.00 in full and final settlement of her claim.

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