Wrongfully Recalled: Compensation for Data Protection Claim

Case Overview

The case concerned a man, referred to as W, who had previously been sentenced to a term of imprisonment. After serving part of his sentence, he was released on licence, which meant he was still under supervision and subject to conditions.

However, a probation officer reviewing the Niche police database mistakenly interpreted an entry, believing that W had been arrested for a new offence while on bail. This was incorrect. Based on this misunderstanding, the probation officer took steps to initiate a recall to prison. As a result, W was wrongfully taken back into custody.

The Legal Position

W challenged this decision and brought a claim under the Data Protection Act 2018. His argument was that the probation officer’s error constituted a breach of data protection laws, as the incorrect processing of his personal data had directly led to his wrongful recall.

The case was heard before a judge sitting at Cardiff County Court, who found in W’s favour. The court ruled that the misinterpretation of data and subsequent actions violated the accuracy and fairness requirements under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

The Compensation

The judge awarded compensation to W for the harm he suffered as a result of the error. This ruling reinforced the importance of accuracy in data processing by public authorities, particularly when dealing with information that can have serious consequences for an individual’s liberty.

The Legal Representives

W was represented by David Hughes, a barrister, who was instructed by Kemmi Alfa of Donoghue Solicitors, a Liverpool-based firm known for handling civil claims against public authorities.