Regulation 45 Right to compensation

(1)

An individual who suffers damage by reason of any contravention by a UK competent authority of any of the requirements of this Part is entitled to compensation from that authority—

(a)

for that damage; and

(b)

for any distress suffered in addition to that damage.

(2)

In proceedings brought by virtue of paragraph (1), it is not a defence to prove that any data transmitted or made available were inaccurate.

(3)

If—

(a)

a UK competent authority incorrectly transmits personal data to a non-UK competent authority; and

(b)

the latter authority is required, in accordance with the Data Protection Framework Decision, to pay compensation to the data subject for damage caused by use of the incorrectly transmitted data,

the former must pay to the latter, on request and the provision of satisfactory evidence, an amount not exceeding the sum awarded in respect of that damage.