Discovery
The Head of our Data Breach department, Mr Matthew McConville has successfully represented a family of three in an action against Cardiff Council for their breach of the Data Protection Act 2018/General Data Protection Regulations 2018, a breach of Article 8 of the Human Rights Act 1998, a breach of confidence and a misuse of private information.
The Mother (Stephanie Giles) submitted an Application to the Defendant for childcare funding for her two children in nursery whilst she was working as a key worker in the coronavirus pandemic. Unfortunately, a member of Cardiff Family Advice & Support (as part of Cardiff Council) copied in an unrelated third party and as a result the said unrelated third parties received the following information of Ms Giles and her two children:
- Full names
- Dates of birth
- Personal and work email addresses
- Telephone numbers
- Job title
- Residential addresses
- Keyworker category
- Registered schools
- Year groups, and
- Childcare times
Thankfully, the unrelated third party responded to the said email confirming that the email had been sent to them in error. Ms Giles then raised her concern and an apology was provided along with an admission that what had happened was ‘wrong’.
Representation
Upon receiving this information, Ms Giles then contacted Mr McConville for expert advice and to assist her and her children with compensation claims. Mr McConville offered no win, no fee terms without hesitation and then presented a formal Letter of Claim alleging that Cardiff Council had had breached the Data Protection Act 2018/General Data Protection Regulations 2018, breached Article 8 Human Rights Act, breached confidence and also misused private information.
Resolution
Upon formally acknowledging receipt of this Letter of Claim, Cardiff Council admitted liability and made a Part 36 offer (compensation plus legal costs) to each of Ms Giles and her two children in the sum of £1,200.00. Despite a specialist Barrister suggested that this offer should be accepted, Mr McConville engaged in further discussions with the Council’s legal team and following such discussions, Mr McConville had managed to get the Council to increase their settlement offers for each claim to the sum of £1,500.00 which was then formally accepted by Ms Giles and her children.
