Q: How can I legally compel a UK company to delete my compromised data and seek compensation?
I have been attempting to delete my profile and data from a UK-based company after my account was compromised, exposing my financial and personal information. The company has refused contact due to not providing "ample evidence for identification," although they never requested any identification or offered alternatives for communication other than a ticket system I cannot access. I have emailed and opened support tickets, but communication ceased once I mentioned legal action. The data breach has allowed people from multiple countries to access my account, potentially pose as me online, and possibly slander my identity. This situation has caused me intense anxiety and stress, leading to sleep loss. What legal steps can I take to have my data removed and seek compensation for the breach of law and lack of reasonable communication?
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A:
Under UK data protection law, you have the right to request erasure of your personal data (known as the "right to be forgotten") by submitting a formal Subject Access Request to the company. Document all correspondence and send a final letter via recorded delivery clearly stating that this is a formal request under UK GDPR, giving them 30 days to comply before you escalate the matter. Keep copies of all communications, including dates and responses, as these will be valuable evidence if further action becomes necessary.
You can report the company to the Information Commissioner's Office (ICO), the UK's data protection authority, if they fail to respond appropriately to your erasure request. The ICO can investigate data breaches and enforce compliance with data protection regulations, potentially issuing fines against the company. Their website provides free templates for complaint letters and guidance on the process, making it easier for you to formalize your concerns.
For compensation, you may need to pursue a civil claim against the company for damages resulting from the data breach, including emotional distress and anxiety. Consider consulting with a legal expert who focuses on data protection issues, as they can advise on gathering evidence of harm caused and the potential for a "no win, no fee" arrangement. Many solicitors offer free initial consultations where they can assess the strength of your case and outline the possible routes to securing both deletion of your data and appropriate compensation for the distress caused.
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