Burgess Hill man launches High Court data protection claim over personal details sent to the wrong address

Burgess Hill man James Blount has become one of the latest people to launch a High Court battle claiming his data protection rights have been breached.

Monday, 23rd August 2021, 11:39 am
Updated Monday, 23rd August 2021, 11:40 am

The claim is against a Luton based company for damages and is for £5,000.

Mr Blount claims that his private information was misused by a recruitment company which carried out a disclosure and barring service (DBS) check using the wrong address.

Now Mr Blount, 35, of Beacon Crescent, is demanding compensation from recruitment consultants Impellam Group plc, of Capability Green, Luton, over the mistake.

The case is going to the high court

He had been working for Impellam’s subsidiary, Carbon60, another recruitment firm, when he was referred to be vetted and to have an enhancing DBS check in May 2019, according to a writ issued in London’s High Court and recently made public.

In September that year, Impellam contacted him to see if he had received the material sent by the DBS following his check, and then discovered that Impellam had used his previous address it is alleged.

Because of this, the DBS certificate was sent to his old address and it contained his personal information including his name, date and place of birth, employment details, and DBS certification number, the writ says.

The mistake caused him anxiety, embarrassment and distress, he claims.

Impellam’s Hannah Johnson emailed him an apology in October 2019, and the company also sent him an email blaming the mistake on human error.

The company said all Carbon60staff would be reminded of the importance of using care when verifying up to date address details.

Mr Blount says this amounts to an admission of breach of duty, and accuses the firm of misusing private information and breach of confidence.

Impellam says the claim is embarrassing, wholly misconceived, and should be struck out as there are no reasonable grounds for bringing the it.

The claim, it says, is totally without merit and should be struck out. It denies there was any breach of the Data Protection Act 2018, misuse of private information or breach of confidence, and says Mr Blount has provided no evidence to support his claim for distress, loss and damage.

Impellam also contends that the case was wrongly started in the High Court and should be transferred to Mr Blount’s local county court. It adds that it does not understand why the case is against Impellam Group rather than Carbon60, and denies it was negligent.

Impellam says that despite denying liability, it reported the issue to the Information Commissioner’s Office, which confirmed that it had appropriate processes to place to ensure the security of personal data.

However, it says that Mr Blount has failed to show that the DBS check was received or reviewed by a third party.