On the 17th September 2019, a Robert Hamilton was arrested for drug offences.
When Robert Hamilton was being processed at the Police Station, his details were
confused with my client who shares the same name.
Mr Hamilton was then prosecuted. At Court in March 2020, he was convicted and
fined.
In late 2020, my client received notification of outstanding payments which he initially assumed related to outstanding Council Tax payments. My client made enquiries and established that in fact the payments related to the said drugs fine. Upon further investigation with Northumbria Police, my client established that the other Mr Hamilton (the offender) had been wrongly processed as himself and that this was recorded on the PNC. My client was informed that this was a “clerical error”.
My client was obliged to apply to Court to have this conviction set aside.
The data breach caused Richard financial loss and exacerbated a pre-existing psychological injury.
I pursued a claim on behalf of Robert for breach of the Data Protection Act and in due course Northumbria Police agreed to pay substantial damages.
All names changed.
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