Upheld: data protection breach / privacy violation / human error in disclosure of personal information complaint against Equiniti Financial Services Limited

Decision detail

Summary

Mr D complained that Equiniti breached his personal data by incorrectly copying his brother into an email response about his personal shareholdings and upcoming dividend payments on 29 August 2025. Mr D had previously copied his brother into communications about their late mother's estate, but this August communication concerned only his own personal assets. Mr D was concerned because he is in debt to his brother and did not want him knowing about his personal financial situation. Equiniti acknowledged the human error, apologised, and offered £25 compensation, but Mr D rejected this as insufficient given the impact on his relationship with his brother. The ombudsman upheld the complaint and ordered Equiniti to pay a total of £100 compensation, finding that while the firm failed to adequately address the personal impact, the one-off error and lack of sensitive financial disclosure did not justify a higher award.

The Ombudsman's reasoning

Both parties accepted that a service failure occurred due to human error. The ombudsman agreed with the investigator that Equiniti failed to properly address the personal impact of the breach on Mr D. While the ombudsman acknowledged Equiniti's prompt response and acceptance of responsibility, the firm did not adequately engage with or show empathy for Mr D's specific circumstances regarding his financial arrangement with his brother. The ombudsman applied FOS guidance on distress awards (£100-£300 range) and determined that £100 total compensation was appropriate for a one-off instance of poor service causing disappointment, inconvenience, and strain, without evidence of ongoing material harm.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website