DATA PROTECTION – making complaints
28 February 2008
DATA PROTECTION – making complaints
In my previous column the Government’s lost data discs provided a timely reminder about data protection law. But what can you do if you believe your data has been taken, retained unnecessarily or used for an unauthorised purpose?
The Information Commissioner’s Office (ICO) regulates data protection in compliance with various Acts and regulations and can take action against misuse of personal data.
If you’ve been denied your rights to see personal information held about you, or you feel data has been disclosed, wrongly or insecurely held or used unfairly, the first thing you should do is write to the organisation holding your data, giving them the chance to put it right. If that fails the ICO may be able to investigate the matter.
If you feel a public body has not handled your request to see information they hold then the ICO can advise or even order the organisation to put the matter right, or issue a ‘Decision Notice’ outlining their assessment as to whether or not the public authority has complied. As a last resort the ICO can take the organisation to Court.
Although the ICO is not set up to obtain compensation, if the matter is so significant and you have suffered a loss because of a breach of the law, you may still be entitled to compensation through the courts. This is a drastic measure and the ICO would need to provide proof that the organisation is in breach of criminal law.
You can contact the ICO on 08456 306060.
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