The Bailiff Has Removed Computers Or Devices Containing Personal Data.
The removal of electronic devices by bailiffs, while not in breach of the enforcement provisions, carries risk and potential liabilities for creditors. Electronic devices often contain sensitive personal and financial data, posing a substantial risk of unauthorised access to banking information and financial crime.
If a bailiff removes an electronic device essential for your work or study or contains sensitive personal data, you may apply to the court for an order requiring the bailiff to return the device.
Meanwhile, you must remotely lock the device, display a message saying the device has been stolen and give instructions on how someone can return your device.
"devices" include vehicles containing a device with stored financial data. While the police may consider data theft a civil matter, you must report it to the police on the non-emergency 101 number to get a police CAD (Computer Aided Dispatch) reference for insurance purposes.
Vulnerable devices may include video game consoles, mobile phones, smart TVs, tablets, and smartwatches. Any destruction of data by the bailiff makes the creditor liable for damages under Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and quantifying such damages requires expert assessment.
For critically sensitive data such as bank account access, you may apply to the court for an order for its return under section 4 of the Torts (Interference with Goods) Act 1977. In the event of unauthorised bank access, you must tell the police and your bank.
You may pursue legal action against the creditor for whom the bailiff is acting to recover your losses incurred due to unauthorised access to your accounts following the bailiff taking your device.
Devices with an auction value under £1350 that you use for trade, business, or study are considered exempt goods. Under Civil Procedure Rule 85.8, you may apply to the court to recover them together with a claim for damages for breach of Paragraph 11.1(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 with a claim for your legal expenses.
If recovering your data proves impossible, then expert assistance can quantify the replacement cost of lost data and financial losses from unauthorised account access.
This complex intersection of the Schedule 12 enforcement provisions and the Data Protection Act 2018 needs careful handling of electronic devices during enforcement actions by bailiffs against individuals and businesses.