Q&As

If a Data Protection Act or a misuse of private information compensation claim results in psychiatric injury, would the limitation period be six years or would the three-year personal injury limitation apply to any personal injury aspect of the damage caused?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 05/02/2020

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • If a Data Protection Act or a misuse of private information compensation claim results in psychiatric injury, would the limitation period be six years or would the three-year personal injury limitation apply to any personal injury aspect of the damage caused?

The limitation period for a Data Protection Act 1998 or misuse of private information compensation claim which includes a claim in respect of psychiatric injury is three years.

The answer to this question is derived directly from the terms of section 11(1) of the Limitation Act 1980 (LA 1980), which provides as follows:

‘This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the pla

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