Breach Of Privacy Rights By Immigration Detention Centres

Breach Of Privacy Rights By Immigration Detention Centres

Data is personal information about an individual that is often gathered by companies and businesses as well as the government. Personal data can include details such as;

• Criminal records
• Ethnic background
• Health details
• Political opinions
• Religious beliefs
• Sexual health

There are strict rules in place that must be followed by everyone responsible for using data, they are called ‘data protection principles’ and they make sure that the information is;

• Accurate and error-free
• Handled correctly
• Kept for no longer than necessary
• Kept safe and secure
• Not transferred outside of the European Economic Area without adequate protection
• Used fairly and lawfully
• Used for limited, specifically stated purposes
• Used in a way that is relevant and not excessive

There are two pieces of legislation under which it may be possible to make a compensation claim where there has been a breach of privacy rights by prisons. They are;

• Data Protection Act 1998
• Human Rights Act 1998

The Data Protection Act of 1998 controls how your personal information is used by organisations, businesses and the government. Article 8 of the Human Rights Act ensures that everybody has the right to family and private life.

Therefore, any information immigration centres have on record about an individual cannot be disclosed to a third party unlawfully – data may only be disclosed if there is a lawful reason for doing so.

Data can be disclosed easily if correct procedures are not adhered to. This can range from outwardly sharing files with third parties to sharing information via casual conversation. Other breaches can be taking secure files out of offices and failing to destroy articles containing data properly.

A compensation claim may be possible when the disclosure of data results in damage or loss to the individual. Under the Human Rights Act if immigration centres unlawfully disclose data about a person which infringes their right to privacy a compensation claim may be possible.

Duncan Lewis Action Against Public Authorities solicitors advise anyone wishing to pursue a complaint and make a claim for breach of privacy rights to get in touch as soon as possible to discuss making an initial complaint and pursuing a compensation claim.

Duncan Lewis may be able to secure legal aid, or to offer a no win no fee arrangement for advising on police complaints and claims – with competitively priced rates for privately funding a claim or After the Event (ATE) insurance, if either legal aid is unavailable or where a no win no fee basis is not possible.

For expert legal advice on actions against immigration detention centres and breach of privacy rights, do not hesitate to call Duncan Lewis Action Against Public Authorities solicitors in confidence on 0333 772 0409.