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Not going to give the very long story, but need some suggestions on any potential solicitor for something that has got to me for a bit.

A public business (Business A) had some of my health details, which in reality they didn't need to know but somehow knew anyway. Sadly the health issue I have is completely private to me. However they went for some unknown reason to disclose it to another business. There was simply no reason to do this & also no consent from me, in which I turned up to talk to Business A to be told that they had told Business B.

I'm obviously infuriated that this has happened really. I have since spoke with Business A who have done their investigations into it & they have sent me a letter confirming that this has been disclosed without consent. I have also since met up with them to discuss the outcome, an outcome which we haven't agreed upon.

I am now completely infuriated by all of it, because they seem to think it's nothing, whilst I am of the opinion that it's something that should be dealt with much harsher,

If i see a solicitor, what can they do? Have I case for court? What solicitor suggestion if anyone has one (I live in Sheffield).

Cheers.

Unauthorised disclosure of sensitive personal information is a criminal offence, you should report the issue to the Information Commissioner.

what remedy are you looking for?

also, some disclosures are 'allowed' without patient consent, although *usually* those would be disclosures made by a healthcare professional and are all certainly proscribed in a detailed manner by the law, so since it appears company A admits fault, this probably isn't the case here.

There may be a criminal offence under the DPA committed but more likely you can ask the ICO (Information Commissioner's Office) to investigate. There may be other 'court' remedies available to you - it really depends on the exact circumstances e.g. if you could show A acted maliciously or negligently.

A good lawyer should be able to tell you within ten minutes in which direction it's worth pursuing, if at all.

ty, will look into this


I have asked myself what response I wanted from this many times, but I still don't really know. After I spoke with a manager in person about this issue I outlined to them what I did want to see happen, however after them writing back to me with what they are going to do, it just isn't what I wanted. So I feel as if I have to take it to court.

People have said to me "we're human we make mistakes" - But is this just a mistake? It doesn't seem so to me. He knew of the medical issue, he never asked, but instead even before I met this bloke he had disclosed details to Business B. I turned up to meeting him and him saying "I have told xxx that you have xxx". I can understand that potentially Business B may want to know about this, but it's not really relevant and if he did ask, it would have never been an issue.

I am just of the opinion that now Business A has admitted that there was been no consent from me, that it clearly shows there is a case to be answered.

At this point, I am not sure which solicitors are best to potentially use.

I really do sympathise. I would be mortified if something like this happened to me.

That being said, I can't help thinking it would be great if you could find a lawyer called Solicitor C.

tbh, I don't even think you have to show that you never gave A consent to disclose. I think it's enough that there's a general duty to protect private information. What reason did A give for the disclosure to B? Can you think of 'some good faith reason', or was it totally irrelevant?

I for sure would also be furious about something like this btw, but if you look at it from their side, can you see any objective good reason for disclosure?

In your case, I'd start by approaching a CAB btw - they will be able to advise you quite simply if it's worth engaging a solicitor. I also wouldn't go down the solicitor route without knowing what I wanted to achieve, so CAB can prob tell you what is 'achievable' and then you can decide if you'd even be happy with that as an outcome.

In any event, if you complain to the ICO at best they'll get a warning/fine depending on their circumstances and their record as a data controller. Honestly, I think it's pretty unlikely you'll find a better mechanism than an ICO complaint to deal with this, though. And you can likely do that yourself, without engaging a solicitor.

ICO or Data Protection Act are the best vehicles.

It sounds like a clear breach of the DPA.

Essentially, the DPA says "you may only use info for the purpose it was given, & you must take care not share it with others outside of that purpose".

 

As has been mentioned this appears to be a breach of the DPA and should be reported. In terms of solicitors you would be best I suspect to go to larger firm, who may have specialists in this area. The larger firms may also offer a free consultation to see if there is anything they can do, just make sure you confirm this in advance and how long the free meeting is.

One issue is has there been a financial loss (i.e. did you not get work etc from B which you may have got if this was not disclosed), if so then a claim may well be relevant.  The issue with this is that if it goes to court the information will potentially be in the public domain.

Have you had assurances from both businesses that this information will not be passed on to anyone else.

The health information is simply not relevant to either business to be quite honest. But we all know people that have been given information that they shouldn't pass on, but can't help themselves. I'm lucky enough to be 100% confident that the manager of B would have kept this to herself. But this is information that is completely private to an individual and they are also a public services business too, which should know better.

I'd try and get a settlement if I were u or go to the regulatory body. A solicitor will just bleed u dry.

This is the route I'm now likely to go down. They've admitted their guilt in a level one complaint and also received a letter of apology with their plans to "improve".

The complaint is now level 2 and in awaiting their response, but what is a reasonable settlement in this situation? They've disclosed private and confidential information and I've had a long time worrying about it.

Taking them through the courts must surely cost them £10k+ too

I would be surprised if you got more than £500 for distress and inconvenience, without financial loss that's the only ball park your in. ICO can arrange fines but they don't go to the victims. Doubt the courts would entertain it without deemed loss.

Horrible situation though, the most private of data should be handled with upmost care.

Is it just me wondering what the details are?

Might give business A a call.

lol - I understand people are nosy, but the whole point is that this is something completely private to me and it was disclosed.

I have for quite a bit kept meaning to go to CAB before wasting money on a solicitor, but not really found the time & still stuck for my next move.

I have sent them a letter, they've sent another, they've investigated, I've asked for it to be raised, they've investigated and that it what has happened so far.

However today's later is from Level 2 complaints team in which they have admitted full guilt once more. They have said they have also been to the IC and they have said it's a clear breach of the DPA. However the letter goes on to say that they would like to halt any action within their business and to deal with it as a breach of data protection.

I have no idea what that means really. So if anyone has any advice that'd be great or I really must get down to CAB this week!

So much vagueness here that it's hard to be confident about advice.

But I'd say that this bit

They have said they have also been to the IC and they have said it's a clear breach of the DPA. However the letter goes on to say that they would like to halt any action within their business and to deal with it as a breach of data protection.

Implies that they would very much like it if you didn't raise this issue with the Information Commissioner.

On the other hand, it doesn't appear to be that much of an issue for you since you think a solicitor would be a waste of money, and you cba to go to CAB.

Loads of ambulance chasing pen-pushers out there who will do it all for you and give you half the take if it's a decent financial proposition for them. Or you could just accept the apology and their assurance that they have mended their ways and this sort of thing can't happen again.

can you write word for word the portion of the letter that described the bold part? because as written it makes no sense...

"As a result, I am writing to seek your consent to halting taking any action within x complaints procedure and to deal with this as a breach of Data Protection which overrides the complaints procedure. As part of dealing with the breach of Data Protection I will need to come and speak to you and keep you informed of what action is being taken. If you consent to this as a way foward, I will contact you again to make arrangements that are convenient to you"

depends what the possible outcomes are. but seems likely this is something you want to persue, with the option to take up complaints proc again later.

Call me suspicious but when they suggest a specific route I do wonder whether it is because it is the least expensive from their point of view. it maybe worth checking whether breaches of data protection have fixed penalties etc as opposed to potentially open ended liabilities for other routes.

Sometimes mistakes happen, do you have a preferred outcome:

a) Apology
b) Money
c) Company fined
d) Someone at the company sacked

All of the above, combi or other ?

Solicitor Suggestion/Terrible Disclosure looks like a double A-side release by a really underwhelming band.

They have already sent an apology from the person concerned. However their Level 1 investigation team missed out points that I highlighted to them what i wanted to see done. At that point there was nothing from me saying I wanted any financial settlement from it.

However they missed out the outcome I wanted and continue to annoy me even more in the letters they send.

So I know what would hurt them post is paying through their wallet.

Howeverr as highlighted already I am not sure what to do, not sure what the last letter means and I must find time to visit the town law centre or CAB. I have the letter asking me to sign the consent form, which I have no idea whether it's my best interest or not.

Genuinely, if you know what outcome you want it shouldn't be too difficult to work out the best way to achieve it ?

If it was me I would want as much money as possible.

Whatever you do, do it lively.

Cheers ;)

Best of luck, obviously.

Quite right, hard to imagine that can ever be much going through courts.

Just gotta hope you're dealing with a patsy company who would prefer to settle than go near a court

I was under the impression that taking them to court would cost them a lot more, therefore they would have to pay theirs and my court costs and a fee in the middle.

Think that's right.

My aunt had an accident, and when the other party was found at fault, they had to cover all the costs.

Much better qual'd people to advise than me of course, as everyone has said. It's easy to imagine a scenario where a court finds for you (as the facts as stated would suggest you can't 'lose'), they may award you costs but may not award you anything for damages or distress.

So, yes, there is potentially a cost to the company you sue for damages, but you may get very little.

Many companies don't want to countenance going to court and so, if there is a real threat of that, and they are that kind of company they may offer you some compensation -if you specifically ask to be compensated. This might well be more than a court would award.

If you are sure of what you really want, it isn't difficult to get a free 15 mins or so of professional legal help which is about all anyone would need to tell you what you might and might not be able  to achieve

Thank You Nirvana, appreciate you and everyone's advice.

I suppose it's just finding the time really. I just feel as if they must pay for their ignorance, but obviously figures expected differ, some said a few hundred, whilst that to me doesn't feel as if it makes them pay for a terrible error of judgement. Been told you might get hundreds, but I am wanting thousands, however it's not particulary about the money to me, but how much it has cost them. I won't be seeing the any of the money as I will donate it all to charity.

If they offer me £1,000, then I might as well take them to court. It really doesn't appeal to me as as respectable for this!

Contact the local CAB, quick chat with them, and they'll at least be able to point you in the right direction mate.

Surely it's going to be better for you to just get this put to bed, and then you can forget about it, rather than stewing, as it seems you are now.

If I understand correctly they have admitted an error and apologised? If it hasn't cost you any financial loss is an apology not enough?

If I have misread and you have had some sort of financial loss then yes fight your corner.

I had made the complaint about this in which I met with them to discuss the outcome. They sadly didn't come to the outcome I wanted which wasn't financial.

Sadly after ignoring my request, I feel as if now they need to pay and the only way to perhaps teach them a valuable lesson is to make them pay financially.

What outcome did you want originally?

and sorry if i have missed it, but what reason did they give for passing the information on?

I had requested an apology letter, that came from the individual but he seemed to miss the point. I asked for him to be put on disciplinary, but there seems to be no indication of this either. They also treated this as something they wanted to sweep under the carpet, if I did not go to level 2, then it wouldn't have gone to the IC.

The other business didn't need to know anything really. However in the letter they said that it was for potential safety reasons.

Not only this, but since realising they have disclosed my health records, I have also learned at the same time they must have disclosed another private issue, which is I have a small disability.

So you can once again potentially see how frustrating this is.

But like Mark said, it's something really you want to be able to get sorted ASAP.

They are never going to tell you they have disciplined a member of staff or not.

That's a private issue for the company internally and nothing to do with you. If you're looking for that, please stop now.

Seems a bit much really. Everybody makes mistakes. Accept the apology & move on IMO

finally.

Have to say, I'm with Sov, Conky, &, I think Taxi.

Someone - an individual - made a mistake. There but for the grace of God.

A few thou wont bother a Business, it's small change. The individual will likely be punished though, for making a mistake. Everyone makes mistakes.

It IS unfortunate, yes, but to my mind, an apology should be enough.

Anyway, hope it gets resolved somehow. Whatever happens it wont change the facts - something went wrong, & nothing will mend that. I'm not sure how money will make a dot of difference to the reality.     

I'm not with any of you.

Check Evans makes a mistake, goes to prison and ruins his career. Bloke at company A makes a mistake, meh, never mind.

Really not the same are they!

No, of course not, but they don't have to be to make my point valid.

Maybe they revealed it for potential safety reasons.

Maybe, but if they are justified why are they apologising?

Someone mentioned at the start that basically unless this mistake cost you money, or a job, you will likely get little more than a formal apology and/or a few quid, sadly.

There is no real evidence that the info has actually leaked into the public domain, regardless of it going further than you would have wished. That is when you probably had a case.

As I understand it, it was not justified, but the employee made a mistake.

An apology is right & proper. 

And compensation. 

What I don't get is that this seems to be have been going on for weeks/months and Aaron still doesn't know what outcome he would like. To help him he's asked for advice on here but doesn't appear to be taking any of it particularly the part about going to CAB who should be able to help him determine what realistic outcome he can hope to achieve but he can't find the time to do so.

Good luck btw

Aaron can't even be bothered to go to the CAB

Are you at liberty to disclose that information?

I'm not sure, I'll turn myself in later

Really?

I don't get your point :(

Ched Evans appears to have made a series of mistakes, and to suggest that his situation is in any way comparable to the issue here is laughable.
Surprised at your views here Tom.

If someone made a 'terrible' disclosure about me I'd be absolutely fuming and would make sure that something was done about it.

My thoughts on this whole thread are that the disclosure in question really wasn't that 'terrible' and that the OP is just wondering if he might be able to get a few bob out of it. I may well be wrong but the fact he hasn't spoken to a solicitor and can't be arsed to go to CAB suggests I'm right.

If it really is 'terrible' then ffs just go and speak to a solicitor!! Actually in my experience you're better off speaking to 3 or 4 solicitors to see if they all give the same advice. You won't get charged for an initial consultation so just do it. Book in to see 3 solicitors all on the same day and just see what they have to say.

If you just want to try to win a few quid then speak to a no win no fee solicitor. If you want some other form of remedy then speak to a few solicitors and find out if you have a case worth pursuing.

Don't be over confident about the opposition having to foot your bill by the way. Even if you win they can still appeal against costs especially if they tried to settle out of court but you just carried on regardless. If they offer you £5k and you don't take it then run up £20k of costs to eventually win yourself the £5k they offered in the first place don't automatically expect that you'll get your £20k back.

Also whatever you're going to do just get out there and do it fast!!

The longer it takes you to instruct a solicitor the more it looks like you weren't really that bothered until you decided you might be able to win a few quid.

Well I think I have made exactly the point I wanted to make. i.e. It's all about proportion.

Tony said an employee made a mistake, so an apology is in order. Well sometimes an apology won't cut it, as in the Ched Evans case.

I think too many people play fast and loose with our private information and imo when they cock up the consequences should be severe.

If it was me I would want as much money as possible as compensation. I think that's what the OP wants too, but is reluctant to admit it.

all the people speculating that the 'it can't have been that bad' or 'prolly just wants money' or 'people make mistakes, apology is fine' is pretty com.

obv we have no idea what info was disclosed, so can't really be in a position to say that. i know OP invited speculation by putting it on the internet, but cmon like.

Good post.

Bolded bit is basically my exact thoughts too.

Sounds like there will be a job going in Sheffield soon.  Ched should dust off his CV.

I didn't expect to see this thread get much more action! But I will just reply to some specific points, some that I have already mentioned.


Why is there no real evidence that this is in the public domain? I have already received an apology letter admitting that this information was passed on. You also say when I had a case, in case you didn't realise or missed a few points I have already said, they have already been to the Information Commissioner themselves who have told them it's a clear breach of Data Protection. They are now investigating this even further.


You are completely right, I still don't know what I want and from what I will say later in the post, you may understand why. Having spoke with others about this, it's also clear that the individual in question may lose his job. Do I want that? Probably not. But this is more than a disclosure, the information is completely private and also it's something that I want to keep private too, which makes my blood boil even more.


Hi - I don't think anyone is really in a position to judge whether this is a terrible disclosure, everyone's personal circumstances are different and I suppose we are all a bit more sensitive or less sensitive than others. However you only have to have the medical condition I have to understand why you don't want people to know, it's not Diabetes or something like that. I can't think of a specific example to reference too, but if someone for some reason discloses your medical details, you would only want an apology? It's not a mistake that is an everyday mistake, it's common sense that dta like this is not for sharing. I think I have already mentioned that he has not only disclosed health issues I have, but also disclosed a disability I have. On first meeting with this man his words was "I have told the shop you have xxx".

People mention the money, but that's what hurts businesses and I am not sure what to expect from it, if anything at all. Again, repeating myself, in the level 1 complaints procedure I made certain suggestions to them that I was happy with, they didn't come back with anything sadly. I also add that at Level 1, they didn't see how serious this issue is. I take this to Level 2 and they've realised straight away what impact it can have on them. I also add I won't be making any financial gain from this, however now it is my not result for it to cost them.

But also away from the above points (which I appreciate), I just want to highlight these issues they/I am still having.

- The investigation concluded that this is completely wrong, they also add that since this complaint they have added consent forms. This point has made me so angry, they have only just introduced consent forms? Consent forms so that they can pass on information? How many other people's personal information has been passed on?

- They have requested me to sign a consent form so they can carry out a full and detailed investigation (Schedule 3 of DPA)

- I have since realised that is likely that my disability has been disclosed, he hasn't apologised for this, he hasn't realised that he has done it.

- His apology letter was rather discriminatory too.

- I am in contact with charities regarding this, they are currently trying to find what they believe would be the best firm.

I am not sure if I have mentioned this at some point during this thread, but the business is also a business that operates in the public interest. It's not a sandwich shop in the middle of town!

this thread is another in a long line of "aaron asks for adivce and ignores all of it" moments

Tbf it has boosted the post counts.