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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have had a breach of my confidentiality on a medical issue

Customer Question

I have had a breach of my confidentiality on a medical issue which has been swept under the carpet despite proof. What can I do legally to bring a private prosecution
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - Can you please explain your situation in a bit more detail?
Customer: replied 1 year ago.
I completed a leaflet for stress control and posted it to an address but unbeknown to me my ex wife worked in the same building
after a phone consultation with a member of staff in which a matter was discussed about a hitman 80 minutes later the daughter of my ex wife text me and was abusive about this hitman comment
this could only have happened if there was communication between the staff member and my ex
I tried to contact the staff member who didnt return my calls and in my notes there is no mention of the hitman comment
Expert:  Ben Jones replied 1 year ago.
So have you suffered any losses as a result?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - have you suffered any losses as a result?
Customer: replied 1 year ago.
I am no longer able to work due to the stress of the breach and not being able to seek help I needed
Expert:  Ben Jones replied 1 year ago.
If a party has acted in contravention of data protection principles, then anyone who has suffered damage or distress as a result can potentially make a claim. The first step is to report the alleged contravention to the Information Commissioner’s Office. They are the regulatory body that deals with breaches of data protection regulations and can investigate and fine the infringing party. However they will not award compensation to the victim so the only way to try and get any compensation is by going through court. If the victim has only suffered distress and no financial damages, compensation is not available unless the breach related to the “special purposes” which means it was related to the processing of artistic, literary or journalistic information. Any other breaches will not qualify. I am afraid that your case does not fall within any of these so you cannot claim for distress. If there have been financial losses as a result of the breach, then the case could be taken to court. I would not recommend that this is done straight away and suggest trying to reach some kind of compromise with the violating party. However, if that is not possible and court appears to be the only recourse then this leaflet contains useful information on how take a claim for data protection breaches to court: http://legalbeagles.info/data-protection-act-taking-a-case-to-court/ Remember that court should be used as a last resort and if all other attempts to try and resolve this have failed. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.