Data Protection Act Non-Compliance - Particulars of Claim
Sample Particulars of Claim: Text in red should be amended/deleted as appropriate.
NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".
The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.
BRIEF DETAILS OF CLAIM (On Front of N1)
Order under Section 7 and Section 15(2) of the Data Protection Act 1998 Damages
NB: It is absolutely vital that you do not use the word "injunction" as this may cause problems. You will also find that the fee varies from £30 to £150, depending on the court involved. Of course, this fee should be recoverable, and if you qualify for relief from paying fees you will not have to pay, or it may be reduced.
PARTICULARS OF CLAIM
1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.
2. The Claimant (has/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)).
3. On (Insert Date) the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.
4. The Defendant has failed to comply.
5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).
6. The damage (and distress) caused is:
Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........
Add any further things that can be clearly quantifiable, and to which you can provide proof.
Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.
7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request
8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.
9. Damages and costs within the discretion of the Court.
I believe that the contents of these particulars of claim are true