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Enforcing the Data Protection Act
If a data controller fails to comply with any of the Data Protection Act’s requirements, for example:
Also, if you have suffered damage because a data controller has contravened the Data Protection Act, you are entitled to compensation under Section 13. The Information Commissioner, however, has no power to award compensation - you will need to take the organisation to court. In proceedings brought under this section it is a defence for the data controller to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
- If it withholds information which is not exempt
- Fails to respond to your request within 40 days
- Refuses to correct demonstrably inaccurate information
Also, if you have suffered damage because a data controller has contravened the Data Protection Act, you are entitled to compensation under Section 13. The Information Commissioner, however, has no power to award compensation - you will need to take the organisation to court. In proceedings brought under this section it is a defence for the data controller to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
