I returned a new phone yesterday, as I didn't like the model I had bought and wanted to change it.I discovered this morning that a photograph of me from that phone was emailed to someone I don't know, by someone in the shop.I only know this because I received a failed delivery notification.I am furious at this invasion of my privacy, and will be complaining to the company. But what am I entitled to in terms of compensation?
I phoned my service provider, but they said as it was nothing to do with my account, they couldn't deal with it - I would have to complain directly to the shop.
I intend to do that this evening.
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You could sue the employee and the company in a civil equity case for a breach of your right to privacy, you would sue to recover a sum of money in damages.
If you issue proceedings in the High Court then you could recover an unlimited amount of money.
If the photograph was a particularly personal one, for example if you were pictured in swim wear or the picture included a child, that would make the breach of your privacy worse.
You could ask the shop for a full explanation, an apology and a meaningful amount of money as compensation. If they refuse then you could quite rightly sue them.
A list of solicitors is available at www.lawsociety.ie
You could also complain to the Data Protection Commissioner.
Diploma in Law. Barrister at Law Degree. Practice in most areas of civil law.
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Hi, sorry for the delay in accepting your answer - just been extremely busy!I've spoken casually to some people in the legal profession, and to the Data Protection Commissioners, and they seem to think that I don't necessarily have any legal footing, although I can most likely expect an apology and some sort of 'token' from the shop, in the hope that I don't get annoyed and go to the papers, which would be a PR nightmare for them.I can't believe that this doesn't have a legal footing?!I'm delighted to hear that you believe I would have a case to sue.I'm not being a moneygrabber about this, but I certainly won't be fobbed off with a free phone and a 'sorry about that'..I'm not sure what is a fair settlement, though.What would be the norm in these cases?
I would ask the most senior management in the company for:1. An explanation of how and why this happened.2. An assurance that this will not happen again.3. An apology and,4. Meaningful compensation.You should then consider your position legally. You will need to show the picture in question to a solicitor, they will be able to determine how grave is the breach of your privacy.
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