Constituent seeks compensation from SDLP MLA who used data

A WEST Tyrone constituent who lodged a complaint against an SDLP MLA for harvesting personal data without consent and using it for campaigning purposes, is seeking legal advice with a view to achieving personal compensation.

The constituent, who preferred not to be named, said they felt vindicated after a recent probe by Independent Commissioners Office (ICO) found that Strabane MLA, Daniel McCrossan and his staff had not complied with their data protection obligations.

The SDLP man had previously accessed people’s information through a petition he and his office ran to reduce the speed limit outside St Conor’s Primary School in Omagh. Without authorisation, his office used the numbers and texted people urging them to vote for him on the day of the assembly election in May. A number of people who were too young to vote were also contacted.

The local person had complained to the ICO after receiving one of the texts.

“I was surprised that they weren’t fined for the breach,” the constituent said.

“I am seeking legal advice at present for the redress. I’m just waiting to see what way we’re going to take it. It’s clear there was a breach and the ICO has all but said that I am entitled to redress.”

In a letter to the constituent, the ICO stated, “You may have a right to an effective judicial remedy/right to compensation and liability.

“If you are seeking personal redress or compensation for the way an organisation has dealt with your personal information, you need to pursue this independently through the courts or with an industry’s own ombudsman or regulatory body.”

Last year, the Conservative Party was fined £10,000 by the ICO for sending 51 unsolicited marketing emails to people.

“I’m not doing this for compensation. It’s for the principle of the thing,” the complainant continued.

“But it could open the floodgates because there were more people than me received the messages.”

Commenting in the wake of the ICO’s findings, an SDLP spokesperson said Mr McCrossan’s campaign “trialled a new service during the election” but accepted that it did not comply with ICO guidelines.

“Mr McCrossan takes these issues seriously, accepts the Information Commissioner’s advice and has already taken steps to strengthen these arrangements,” they said.