HL Deb 29 June 1984 vol 453 cc1173-4

17 Clause 22, page 18, line 34, leave out ("for that damage from the data user") and insert ("from the data user for that damage and for any distress which the individual has suffered by reason of the inaccuracy.").

18 Clause 23, page 19, line 24, leave out ("for that damage").

19 Clause 23, page 19, line 25, at end insert ("for that damage and for any distress which the individual has suffered by reason of the loss, destruction, disclosure or access.").

Lord Elton

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 17 to 19 en bloc. Amendment No. 17 strikes in Clause 22, and Amendments Nos. 18 and 19 in Clause 23. The amendments provide that where a subject suffers damage as a result of inaccurate data or of a breach or failure in a user's security arrangements he is entitled to compensation not only for the damage but also for any distress which he suffers. It was argued both in this House, in the context of the previous Bill, and in another place that where inaccuracy results in distress to the data subject he or she should be entitled to compensation under Clauses 22 or 23 just as if damage had been suffered.

My noble and learned friend the Lord Chancellor replied to that argument by pointing out that to found a civil action on distress alone could lead to speculative litigation; anyone who had been mildy annoyed by a minor slip in his gas bill might be tempted to chance his arm in the courts. But we are persuaded that where the plaintiff can point to some material damage that he has suffered in circumstances entitling him to compensation under Clauses 22 or 23, it is right that the courts, in fixing the amount of compensation to be awarded, should take into account any distress which he may have suffered. These amendments make the changes necessary to achieve this, and go as far as we consider sensible in meeting the concern that has been expressed. I beg to move.

Moved, That this House doth agree with the Commons in the said amendments.—(Lord Elton.)

Lord Mishcon

My Lords, I am again tempted to refer to the Official Report of the arguments and submissions on this matter that we made in the course of our deliberations on this Bill. I will resist the temptation to do so, and will merely say again that I am pleased to see these amendments.

On Question, Motion agreed to.