It may alert people to the possibility of a claim being made in similar circumstances, but it specifically doesn't set a legal precedent regarding s13 compensation for pure distress (which was the point Paul asked about).
Best wishes,
Jonathan
> On 13 Dec 2013, at 17:27, "Lawrence Serewicz" <[log in to unmask]> wrote:
>
> I disagree slightly. I think this sets the precedent in that it alerts lawyers and the public to the potential litigation value of data breaches. They may not be able to meet DPA bar damage and distress, but HRA ECHR article 8 offers a good approach.
>
> It would appear that Islington were pragmatic in their decision. However, they had a "bad hand to play" given they had an ICO fine already and they were on shaky ground. If they did not have the ICO fine and they had robust systems, aside from this mistake, they may have taken a different approach. However, that is an issue that someone else will have to take the chance on proving. :)
>
> Best,
>
> Lawrence
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Pounder
> Sent: 13 December 2013 10:21
> To: [log in to unmask]
> Subject: Re: [data-protection] Council pays out damages for data breach
>
> Agree with this. Note that the damages are not high per data subject. This is because Islington re-housed some of the claimants - that was the main costs they had to bear.
>
> C
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
> Sent: 13 December 2013 10:17
> To: [log in to unmask]
> Subject: Re: [data-protection] Council pays out damages for data breach
>
> I wondered that - but of course the fact that the claims didn't get to court (and I'm sure the Council was very keen to avoid them doing so) means no precedent arises.
>
> Jonathan
>
>
>
>
> On 13 Dec 2013, at 09:47, "Paul Ticher" <[log in to unmask]<mailto:[log in to unmask]>> wrote:
>
> Distress, obviously, but damage? Was the compensation actually based on s.13 of the DPA, because if so that surely sets a stonking great precedent?
>
>
> Paul Ticher
> 0116 273 8191
> www.paulticher.com<http://www.paulticher.com>
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> For continuous priority support on Data Protection, sign up to my support service:
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>
> ----- Original Message -----
> From: Ibrahim Hasan<mailto:[log in to unmask]>
> To: [log in to unmask]<mailto:[log in to unmask]>
> Sent: Friday, December 13, 2013 9:33 AM
> Subject: Council pays out damages for data breach
>
> Hodge Jones & Allen LLP acted for 14 Islington residents in a group action after the London Borough of Islington’s release their personal data. Claims were brought under the Data Protection Act 1998 and Human Rights Act 1998 for breach of Article 8 European Convention of Human Rights (ECHR).
> The London Borough of Islington admitted liability for the breaches and will pay out over £43,000 in compensation to residents with awards ranging from £1,000 to £5,000.
>
> http://www.hja.net/legal-news/hja-news/data-protection-act-breaches.aspx
>
>
> Ibrahim Hasan
>
> Solicitor and Director
> Act Now Training Limited
>
> www.actnow.org.uk<http://www.actnow.org.uk>
>
>
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