My employer has sent information to my professional body which is incorrect and critical of me. What can I do?
Darry Robinson, advocate, Benest and Syvret, replies:
YOU can make a request to the office of the Information Commissioner for an assessment as to whether it is likely that the processing of your personal data has been, or is being carried out in compliance with the law. The Information Commissioner may carry out such an assessment as he sees fit and, depending on the outcome, he may issue an enforcement notice against your employer if he is satisfied they have contravened or are contravening any of the data protection principles contained in the law.
This may include requiring your employer to rectify your personal data (if he finds that it is inaccurate) and to notify any third parties, including your professional body, to whom any inaccurate information has been disclosed of the rectification.
The Information Commissioner cannot award damages or compensation to you for damage and distress: that is solely within the remit of the Royal Court. However, the UK Court of Appeal held that damages for distress could be claimed for contravention of the data protection principles, even where there was no financial loss.
When making an award the court will look at the specific circumstances of the case and take into account various factors, such as the sensitivity of the information disclosed and the nature of the disclosure. Awards in recent cases range from £2,500 to £260,250.
If your employer has knowingly or recklessly (without your consent) disclosed your personal information they may be guilty of a criminal offence unless they can show one of the exceptions under the law.
For example, that they acted in the reasonable belief that they had in law the right to disclose the information to your professional body.
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