169 Compensation for contravention of other data protection legislation
169 Compensation for contravention of other data protection legislation

(1)     A person who suffers damage by reason of a contravention of a requirement of the data protection legislation, other than the GDPR [UK GDPR], is entitled to compensation for that damage from the controller or the processor, subject to subsections (2) and (3).

(2)     Under subsection (1)—

(a)     a controller involved in processing of personal data is liable for any damage caused by the processing, and

(b)     a processor involved in processing of personal data is liable for damage caused by the processing only if the processor—

(i)     has not complied with an obligation under the data protection legislation specifically directed at processors, or

(ii)     has acted outside, or contrary to, the controller's lawful instructions.