Deleting information can be done by request or in-line with how data processors will store and use information. But what about intentionally erasing information that shouldn’t have been erased?
Although we’d like to think that this kind of thing wouldn’t happen, it does. Sometimes, organisations or the people working for them may opt to try and avoid the fallout of a problem by erasing information; i.e. ‘getting rid of the evidence’. This is wrong, and victims should know their rights when something like this happens.
As a leading firm of consumer action and data breach compensation lawyers, we represent victims for this kind of case. Here’s how we may be able to help you.
Intentionally deleting information
In cases of deleting information, perhaps to avoid the retribution of a mistake or a problem that has occurred, victims have rights.
It may be that you have made a Freedom of Information (FOI) request or a Subject Access Request (SAR) for information, only to be told that it no longer exists. If you suspect that it should exist and that the data has been intentionally erased for a reason, we may be able to help. When we take a case forward, we can start with simple investigatory questions for the other side such as:
- What is the organisation’s policy when it comes to retention of the data erased?
- What was the specific reason given for the erasure?
- When was the information deleted?
If something doesn’t look right, like CCTV footage being erased four days after a request for it being made, and before a three-week retention policy ends, this may need to be investigated. In today’s digital age, a lot of what we do is audited, so there’s often a system trail that could determine who erased information, and perhaps why. Whilst some information will be routinely deleted for various reasons, what we need to look at is any incidents that look suspicious.
In a recent example, the Information Commissioner’s Office (ICO) prosecuted a Town Clerk at Whitchurch Town Council for this offence. The ICO confirmed that the Clerk deleted an audio recording a few days after an FOI request had been made for the recording. She was fined £400.00 and ordered to pay costs and a surcharge in excess of £1,500.00.
Medical data claims
We have received a few enquires over the years in relation to deleting information that could hinder a medical negligence compensation claim. We have also represented clients for medical negligence cases where this has occurred. This has included serious million-pound claims where medical records have been manipulated.
As a law firm, we specialise in consumer action and data protection matters. We also specialise in serious negligence matters, and this includes medical cases. This is important because, in a case like this, we may be looking at a claim that includes both medical negligence and data protection law. Having the vast experience that we do in both areas of law is, therefore, incredibly important for our clients.
Medical data breach compensation claims make up a huge proportion of the individual legal cases that we represent people for. The impact for the victim can be severe which is why data breach compensation amounts can also be significant. You have a voice, and you could be entitled to make a claim with us on a No Win, No Fee basis when medical data has been erased, destroyed, or otherwise lost when it shouldn’t have been.
Free, no-obligation advice today
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For free, no-obligation advice from the team today, check out the many ways in which you can get in touch. We’re representing thousands of clients in some biggest consumer actions and most severe data protection breaches, and we may be able to help you too.
IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.
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First published by Matthew on May 18, 2020
Posted in the following categories: Claims Council Employee Data Breach ICO Security Technology and tagged with compensation | data breach | data controllers | employee breaches | ico | medical data breach | medical records | personal data