I wasn't flying with British Airways a couple of weekends ago, but it occurs
to me: should people be claiming compensation under s.13 of the DPA?
Consumer law seems to provide for a fixed amount of compensation for
cancelled or delayed flights, plus a limited amount for additional costs
such as hotels. The DPA doesn't have a fixed limit, and also allows claims
for associated distress.
Clearly BA is a Data Controller of its customers' booking details. Clearly
the data suffered "accidental loss or damage". By all accounts BA's
security measures were not "appropriate". Therefore, breach of the seventh
Principle. So I could hypothetically claim not just for the full additional
costs of rearranging my travel plans and emergency replacement of items in
my missing luggage, but also for loss of income if the trip was a business
one (I'm self-employed) and on top of everything the undeniable distress of
having my holiday/wedding/etc disrupted.
Or not?
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
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