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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|