according to guidance published today by the Information
Commissioner’s Office (ICO), Individuals who suffer damage following a breach of their data protection rights can
claim compensation. The guidance ‘Claiming compensation’ explains an individual’s right to claim compensation from an organisation which has breached the Data Protection Act.

Advice on how to make a compensation claim and taking a case to court is also included in the guidance.

The Deputy Commissioner, David Smith said: “We are often contacted by people who have suffered damage as a result of an organisation failing to meet its data protection responsibilities.

The guidance will ensure individuals are aware of their right to claim compensation and give them practical assistance in doing so.”

The Information Commissioner’s Office cannot award compensation itself, even when an organisation has been proved to have breached the Act.

The ICO has powers to prosecute organisations for
some breaches of the Data Protection Act but individuals claiming compensation have to make their own claims to the court.

For a copy of the guidance ‘Claiming compensation’ please go to It's your information