1984, Opal Fruits, Big Brother and Data Protection

The irony of the year of that first Act being 1984 will not be lost on the George Orwell fans amongst you all.

Since 1984, just like Opal Fruits morphing into Starbursts, the Data Protection Act has undergone (admittedly much less controversial) rebrands into the Data Protection Act 1998 and, more recently, the Data Protection Act 2018.

However, leaving aside dystopian novels, concerns of governmental control and ‘Big Brother’ surveillance, the fact that ‘Data Protection’ enjoys its 40th birthday this year highlights that there really is little room for ‘Data Processors’ or ‘Data Controllers’ to still be getting things wrong in today’s modern era…but getting things wrong many continue to do.

Whilst the terms ‘GDPR’ and ‘Data Protection’ have become very familiar to the overwhelming majority of the public, if we were asked to actually define what was meant by ‘data’, it is likely we would all be trying to avoid making eye contact with the teacher.

‘Personal Data’ is defined under the 2018 Act as ‘any information relating to an identified or identifiable living individual’ and the eye-watering price of failure to comply with data protection legislation has been felt by many large brands in the UK with hefty fines having been issued by the Information Commissioner’s Office against Airlines (£20m in 2020), Hotels (£18.4m in 2020) and Social Media Platforms (£12.7m in 2023).

Such fines provide a whole new view as to ‘Our Price’, which in 1984 became the first record store to be floated on the Stock Exchange.

If an individual can prove a breach of personal data has caused financial loss or mental harm then a claim for compensation is entirely possible with, in England and Wales, the Judicial College Guidelines being of potential assistance as to likely awards.

Here in Jersey, the relevant law is the Data Protection (Jersey) Law 2018 and Rule 69 (1) provides that ‘Any person who suffers loss, damage or distress by reason of any contravention of this Law by a controller or processor is entitled to compensation’.

Sinels have acted for individuals in Jersey who suffered as a consequence of data protection breaches committed by government departments, recovering five figure sums in compensation.

Sinels are one of Jersey’s premier law firms with a reputation for high standards of service and a personal, sensible approach to law. If you believe you have suffered loss, damage or distress as a result of an organisation’s failure to protect your data in accordance wit their obligations to do so, feel free to contact Advocate Philip Sinel for further information on how Sinels might be able to help.