Distress must be directly linked to data breach for consumers to claim compensation, rules Court of Appeal
In a recently published judgment, the Court said that the Data Protection Act (DPA) does not oblige businesses to pay individuals compensation for distress that causes damage where the distress caused is not attributable to a breach of the Act.
Under section 13 of the DPA a person is generally entitled to compensation if they suffer damage as a result of violations of a section of the DPA by organisations that hold their personal data. Individuals are also generally entitled to compensation from those data controllers if they suffer distress that causes damage.
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