I have written an article for the Law Society Gazette on this topic. Please
see:
http://www.informationlaw.org.uk/page14.htm
Section 13 of the Act states that an individual who suffers
damage by reason of any contravention by a data controller of any of the
requirements of the Act is entitled to compensation for that damage. However
the difficulty of any litigants will lay in proving causation. Many experts
have predicted that fraudsters who may have possession of the data will sit
on it for months if not years before making use of it. Unfortunately the Act
does not allow a claim for distress alone.
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