Data Protection and GDPR

Specialists in Data Protection & GDPR claims

Protecting Personal Data, Privacy & Your Rights

In today’s digital age, personal data is more valuable and vulnerable than ever. Whether you’re an individual whose sensitive information has been misused, or a business facing regulatory scrutiny, robust legal support is essential. At Taylor Hampton, our data protection solicitors specialise in bringing claims under the UK GDPR and Data Protection Act (“DPA”) 2018. We can help safeguard your personal data rights, mitigate risk for Data Controllers, and pursue redress through the courts and/or the ICO

Why Data Protection & GDPR matter

As an organisation, you must ensure you comply with the UK GDPR and DPA 2018. This legislation regulates how Data Controllers and Processors collect, use, store, and share personal information.

The Information Commissioner’s Office (ICO) oversees regulatory enforcement, has powers to audit, issue fines, and demands corrective action. Non-compliance can lead to serious reputational, operational, and financial consequences.

Key data protection principles you must follow

If you process personal data, you have legal obligations. Under the UK GDPR and DPA 2018, data must be:

  1. Processed fairly, lawfully, and transparently
  2. Collected for specific, explicit, legitimate purposes
  3. Adequate, relevant and limited to what is necessary
  4. Accurate and kept up to date
  5. Retained only as long as needed
  6. Processed securely, with appropriate safeguards

Failing to adhere to these obligations can lead to regulatory action or civil claims.

Rights of Data Subjects (individuals)

If your data is being processed, you have rights under the law. These include:

  • Right to be informed – transparency on how your data is used
  • Right of access – to view the personal data held about you
  • Right to rectification – correct inaccurate data
  • Right to erasure (“right to be forgotten”)
  • Right to restrict processing
  • Right to data portability
  • Right to object to certain processing
  • Right not to be subject to automated decision-making / profiling

If any of these rights are breached, legal action may be possible.

When you need legal support

You may need expert help in these scenarios:

  • Data breach: personal data has been lost, hacked, leaked, or accessed unlawfully
  • Regulator investigations: facing inquiries or enforcement action from the ICO
  • Subject access requests: complications or refusals when exercising your rights or responding to SARs
  • Automated decisions / profiling: disputes around algorithmic decision-making
  • Misuse of data: data used without or beyond permission, sold, or shared inappropriately
  • Corporate / organisational compliance: ensuring policies, audits, and contracts comply with data law

We also act in circumstances where individuals assert claims for misuse of personal information, or wish to make deindexation requests to search engines in relation to information about them made available online.

The relevant legal tests

Under a Misuse of Private Information claim, a Claimant will need to satisfy the following:

  • That they have, objectively speaking, a reasonable expectation of privacy in the relevant information. The factors the Court will consider when assessing whether a person has a reasonable expectation of privacy were set out in detail in Murray V Big Pictures (UK) Ltd [2008] EWCA Civ446.
  • That their reasonable expectation to privacy is not outweighed by a countervailing interest of the Defendant, such as the Defendant’s right to Freedom of Expression under Article 10 of the ECHR.

Under a UK GDPR claim, a Claimant will need to satisfy the following:

  • That the information involved meets the definition of “Personal Data” under the legislation;
  • That the Personal Data was “processed” by the Defendant for the purpose of Article 4(2) of the GDPR;
  • That the Personal Data has been processed unlawfully, i.e absent consent, or without any other lawful basis as identified under Article 6 of the GDPR.
  • That the alleged breach has caused harm to the Claimant resulting in damage (financial loss, distress, anxiety, or reputational harm).

These cases are legally complex and fact-sensitive. Early legal advice is critical.

Remedies & what you can seek

If your claim succeeds, potential remedies include:

  • Removal / erasure orders – take down content, delete data
  • Injunctions / undertakings – prevent further misuse
  • Compensation / damages – for distress, reputational harm, or financial loss
  • Corrective statements / apologies
  • Recovery of legal costs
  • Regulatory engagement / mitigation – dealing with ICO, minimizing sanctions

Why choose Taylor Hampton?

  • Specialist media / privacy law firm with deep experience in data protection, privacy, and related litigation
  • Proven ability to handle high-stakes, high-profile privacy and data cases
  • Capability across individual rights claims and large organisation compliance
  • Rapid response, discretion, and strategic legal solutions
  • Track record in related fields (defamation, privacy, phone hacking), giving us a holistic view

Taylor Hampton have successfully acted in the following cases:

Sylvia Henry, the Baby P Social Worker, in her successful action against the Sun in relation to 80 highly defamatory articles. The Sun was forced to apologise to Ms Henry, both in Court and in print, and to pay her substantial damages and her costs.

Antonio Serrano, a GP, in his claim for defamation against the Daily Mail after the paper falsely ran a story condemning his treatment of a patient. The paper ran a story under the headline, “A whole year of hell, thanks to a foreign doctor”. Dr Serrano was fully vindicated by the Court and was awarded substantial damages and his costs.

Dr Sarah Thornton, an author and academic, who was libelled by the Daily Telegraph. This was a landmark case which changed the law. It led to the important test of “substantial damage to reputation” being required in order to found a libel action. This subsequently contributed to the enactment of the “serious harm” test in the Defamation Act 2013. It was also notable because general damages were awarded for malicious falsehood for the first time in many years.

Bruno Lachaux, a French aerospace engineer residing in the UAE, in his claims for defamation against the Independent Print Limited, the “i” Newspaper, the Evening Standard and AOL (UK) Ltd, otherwise known as the Huffington Post. This is another landmark case in the law of libel, having been one of the first to test the requirement for ‘serious harm’ under the Defamation Act 2013.

Speak to our Data Protection & GDPR solicitors today

If your personal data has been misused or you suspect non-compliance, don’t wait. Contact Taylor Hampton’s data protection solicitors for expert advice and swift action.

Frequently Asked Questions

Often yes — especially if it led to harm, distress, or misuse beyond what was permitted.

Under GDPR, statutory timeframes and limitation periods apply (often six years for contract / tort claims).

Yes — via erasure requests, regulatory enforcement, or court orders in certain circumstances.

Privacy / misuse of private information deals with wrongful exposure and/or intrusion of private data, whereas GDPR claims focus on unlawful processing of personal data under statutory rules.

Yes. Regulatory penalties do not prevent individual civil claims.

The Award Winning Media Law Firm

Taylor Hampton is an innovative, multi award winning firm based in the heart of legal London.

Multi Award Winning Media Solicitors

Taylor Hampton is London’s leading Award Winning Privacy, Defamation and Phone Hacking Solicitors.

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For all enquiries please call Taylor Hampton on +44 20 7427 5970

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