Winckworth Sherwood

UK 200 2013 position: 94

Injured feelings for Data Protection Act breaches

The Court of Appeal has ruled in the case of Halliday v Creation Consumer Finance that when any data controller (including employers) is found by a court to have breached the Data Protection Act (DPA), there should be an award of damages for distress as allowed under the DPA. The Court of Appeal stressed that this should not be a substantial award.

Most importantly, it declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime…

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