Making a complaint to the ICO
If you are concerned about how a company or organisation uses your personal information, you can make a complaint to the Information Commissioner’s Office (ICO). Any company in the UK that stores personal data has a legal responsibility to keep it safe. This includes following data protection regulations. Companies are required to keep your data safe and secure. They should only use it in appropriate ways, and with your agreement.
If an organisation fails to protect your data, you can face significant personal consequences. The role of the ICO is to prevent this. They are responsible for enforcing the appropriate use of personal data. This means that they can help you challenge companies that fail to follow the rules.
Here at HNK Solicitors, if your data has been breached, we can pursue damages on your behalf. You do not need to make a complaint to the ICO to pursue damages. Get in touch today to find out how we can help you with your claim for damages.
What is the ICO?
The ICO is an independent public body led by the Information Commissioner. It ensures organisations in the UK comply with data protection legislation. This includes the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). The ICO takes up complaints on behalf of members of the public who think their data is being misused. Usually, this means the ICO asking the company to follow the regulations. However, in serious cases, they can issue legally binding enforcement notices. In some cases, this may even result in fines.
How do I make a complaint to the ICO?
You can complain to the ICO using a form on their website. They may ask you to submit copies of any communication you have had with the organisation in question. You also need to raise any issues within three months of your last contact with the company.
This process can be complex. It may be difficult to know if your data has actually been misused or not. Also, you may not know what information you need to provide. At HNK, we can provide you with expert support when it comes to making a complaint to the ICO. This includes identifying both the legislation that has been breached and the information that the ICO will need.
What can I make a complaint about to the ICO?
There are a wide range of issues that the ICO can handle. These include:
- If you are receiving nuisance sales calls or spam emails
- If you have concerns about website cookies
- If a company fails to disclose the information it holds about you when you request it
- If a company fails to protect your data
The final point is very important. If a company does not follow data protection regulations, this can constitute a data breach. A data breach is one of the most likely reasons you might want to complain to the ICO.
How do I claim?
Step 1
Get in contact by using one of our contact forms throughout the site.
Step 2
We will arrange a free consultation with you to discuss your claim.
Step 3
If you have a valid claim, we will accept your case on a No Win No Fee basis.
Step 4
HNK Client Successful in £28,000 Sexual Misconduct and Misfeasance Case Against The Chief Constable of Sussex Police
Why should I make a complaint to the ICO?
Making a complaint to the ICO can be a great idea. Ultimately, the organisation is responsible for enforcing the UK’s data protection regulations. As a result, they possess a great deal of authority. This includes the ability to send an enforcement notice. It is a criminal offence to fail to comply with such a notice. So, they can be of great help in challenging an organisation that has failed to protect your data.
However, there are limitations. For instance, the ICO cannot award compensation. In order to receive compensation, you would need to go to Court and likely instruct a solicitor. This is important to be aware of in cases such as a data breach. If your data has been mishandled in a way that may result in personal harm or distress or financial loss, you might be entitled to compensation. Unfortunately, the ICO will not be able to help with this however HNK Solicitors can so get in touch today to find out how we can help you with your claim for damages.
So, while a complaint to the ICO over data mishandling can be beneficial in many cases, if you have been the victim of a data breach you may want to consider other options. This includes making a claim for damages.
What is a data breach?
Data protection regulations require that organisations store personal information in a responsible way. The data should be accurate and up-to-date. It should not be kept longer than necessary, or used inappropriately. However, these requirements are not always met. Any failure to properly use your information constitutes a data breach.
A data breach can occur in many ways such as –
- A cyber-attack whereby criminals steal your data from a company
- Your data may accidentally be sent to the wrong person/company
- Your data being mistakenly uploaded to a public website/platform
If are concerned you may have been victim of a data breach, you can make a complaint to the ICO. The ICO will investigate the matter on your behalf. Then, if the ICO finds a breach has occurred, they will contact the organisation and ask them to follow the relevant regulations. However, there are other options that you may want to consider. This includes taking the organisation to Court for damages.
Claiming damages with HNK Solicitors
Here at HNK, we can help you claim damages if you have been victim of a data breach. Our team has a great deal of experience dealing with data breach claims. We can offer expert advice in your pursuit of compensation. After all, we understand that a data breach can be very painful. The consequences can be long-lasting and severe. Receiving compensation can help you move on from this.
At HNK, we offer free consultations to assess your individual case. This means you can find out what you might be entitled to at no cost. So, if you have been victim of a data breach, get in touch today to find out how we can help you with your claim for damages.
Free Consultation
Contact HNK to arrange a free no-obligation consultation to discuss the details of your claim. We will provide honest, helpful advice on how to progress further.
No-Win-No-Fee
We can support you on a no-win, no-fee basis, which means you’ll only have to pay us once your case is won and your compensation has been awarded.
Recent Data Breaches We Can Help With
You may remember recent data breaches that were highly publicized in the media from British Airways, MyFitnessPal, Ticketmaster, Marriot Hotels, and Dixons Carphone. If you have been affected by any of these, contact HNK today.