Barristers4U Legal Guides

Data Protection And Privacy Barrister Guide

Data protection and privacy disputes often require precise evidence about what data was used, shared, lost or withheld.

Identify The Data Issue

The enquiry should explain whether the issue is access to data, inaccurate data, a breach, misuse, publication or privacy intrusion.

• Subject access request, erasure request or objection correspondence.
• Breach notification, privacy notice or data handling policy.
• Screenshots, emails or records showing the data involved.
• Dates when the data was requested, disclosed, published or lost.
• The organisation or person responsible.

Evidence Of Impact

Impact evidence helps assess proportionality and the type of remedy that may be realistic.

• Financial loss, distress or reputational impact evidence.
• Steps taken to reduce the impact.
• Any complaint to the organisation or regulator.
• Responses received and dates.
• Any linked employment, consumer, family or commercial dispute.

What Help Is Needed

The scope might be advice, drafting, negotiation, regulator response or court representation.

• Advice on merits or remedy.
• Drafting a letter before claim or response.
• Reviewing evidence and correspondence.
• Court or tribunal representation.
• Urgent action to stop publication or misuse.

Source/review note: data protection and privacy law changes over time and may involve UK GDPR, Data Protection Act, misuse of private information and regulator guidance.