Compensation: Vidal-Hall v Google Inc (CA) [2015]

If you have been harassed by a parking company and your personal data misused then the key case is Vidal-Hall v, Google Inc ([2015] EWCA Civ 311). Here is what the Information Commissioners Office has said.

In 2015 the Court of Appeal ruled, in the case of Vidal-Hall v Google, that compensation under the DPA could be awarded for distress alone.

Google appealed this aspect of the judgment to the Supreme Court however the appeal was withdrawn following an agreement being reached between the parties. The ICO is currently reviewing this guidance to reflect the ruling.

In brief – what does the Data Protection Act say about the right to compensation?

If an individual suffers damage because you have breached the Act, they are entitled to claim compensation from you. This right can only be enforced through the courts. The Act allows you to defend a claim for compensation on the basis that you took all reasonable care in the circumstances to avoid the breach.

You can download a copy of the ICO advice below or use this link. Send it to the parking company to alert them that

a) you know you have the right to compensation and

b) if they fail to show "Reasonable cause" then a counter claim for compensation may be made

 

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