In this guide, we look at what safeguarding data protection breaches are and what kind of information these data security incidents could compromise. We start this guide by looking at what legislation protects your personal data when it is being processed. As well as this, we examine the eligibility criteria for making a personal data breach claim.
Furthermore, we illustrate what is meant by safeguarding data breaches and the different entities that are responsible for your personal data.
Following on, we look into evidence that will help support the chance of your claim succeeding and explore how compensation is awarded to cover the damage that the data breach has caused.
To finish our guide, we explain how a No Win No Fee agreement works. And how instructing a solicitor who offers these terms will not need to be paid any upfront or ongoing fees for the service they provide.
Keep reading for further information about safeguarding data protection breaches.
You can also chat with an advisor from our team if you have any queries related to your potential data breach compensation claim. Please use one of the forms of contact listed below:
- Call us on 0161 696 9685
- Submit your details on our information form to contact us
- Refer to our support feature on our website, which can connect you with an advisor to start a conversation
Safeguarding Data Protection Breaches – A Claims Guide
Select A Section
- Who Could Claim For Safeguarding Data Protection Breaches?
- What Are Safeguarding Data Protection Breaches?
- Evidence Which Could Help You Make A Successful Claim
- Examples Of Payouts For Safeguarding Data Protection Breaches
- Talk To Us About Claiming On A No Win No Fee Basis
- Find Out More About Related Data Breaches
Who Could Claim For Safeguarding Data Protection Breaches?
The principles, rights, and framework for processing personal data are set out in The Data Protection Act 2018 and the UK General Data Protection Regulation.
Personal data such as your name, address, email address or phone number, information that can identify you or be used with other information to identify you, is protected by the above legislation.
Section 82 of the UK GDPR sets the eligibility for you, the data subject, to have the right to make a personal data breach claim for compensation. You will need to prove that:
- There was a failure on behalf of a controller or processor to adhere to data protection laws, causing a data breach.
- The breach involved your personal information.
- You suffered harm as a result of this breach.
To find out if you could make a personal data breach claim, call our advisors today, and they can assess your case for free. If they see that your data breach claim has a good chance of succeeding, they could connect you with a No Win No Fee data breach solicitor from our panel.
What Are Safeguarding Data Protection Breaches?
Firstly, a data breach is defined by the Information Commissioner’s Office, an independent public body responsible for upholding your data protection rights, as a security incident affecting the availability, integrity and confidentiality of your personal data. This can lead to accidental or unlawful destruction, loss, alteration, disclosure of or access to said information.
An organisation that processes your personal data is referred to as a data controller, and they are responsible for deciding how and why your information is being collected. The data controller may outsource the processing to a data processor who is responsible for processing your personal information on behalf of the controller. They are usually a third party.
As well as the personal data defined, there is also a type of personal data that is sensitive and therefore referred to as a special category. It can involve information about your race, political opinions, religion, sexual orientation, health or genetic data.
What Is Safeguarding Data?
Agencies such as social services, social care, hospitals and councils may need to process data about a person who is a victim of abuse or is at risk of abuse. Any personal data of this person will need to be protected just as any data subject. According to Gov.UK, data which is connected to safeguarding may often be data which is considered ‘special category’. This category of personal data, due to its sensitivity, needs extra protection.
Time Limits To Make Data Breach Claims
You should adhere to the time limits when starting a claim. To claim against a company, you are typically given six years to begin a claim.
If you are making a claim against a public body, you will usually have one year to do so.
Please contact our team for information on how to report a data protection breach.
Evidence Which Could Help You Make A Successful Claim
Evidence can play a part in helping you make a successful claim. If you suspect a data breach, you can make a complaint directly to the organisation.
By doing this, you may receive information about the circumstances of the breach and how they plan to respond to the situation.
If your rights are being infringed upon, the involved organisation should notify you of the breach without undue delay. They should also inform the ICO.
You could reach out to the ICO if you found the response from the organisation to be inadequate. The ICO can investigate the data breach. However, do not wait any longer than three months from the data controller’s last response to reach out to the ICO.
Copies of letters and any emails showing your correspondence with the organisation and ICO can be useful.
A solicitor from our panel can be of assistance when you are acquiring these to support your claim.
Examples Of Payouts For Safeguarding Data Protection Breaches
When making a personal data breach claim, you can be awarded compensation for two areas of damage: if you suffered emotional harm, for example, if you suffer anxiety due to a data breach, this is considered non-material damage. Below, there are examples of compensation brackets provided by the Judicial College Guidelines JCG. This document is often used when legal professionals are calculating compensation claims.
It is important to note that these figures are guidance, and they are not a definitive representation of the compensation you will receive, as the calculation of compensation tends to depend on the details of the individual claim.
| Harm | Severity | Details | Compensation Guidelines |
|---|---|---|---|
| Psychological Damage | Severe (a) | Poor prognosis. Problems coping with life, work, education, and relationships. There is future vulnerability. | £54,830 - £115,730 |
| Moderately Severe (b) | Problems are significant in coping with life and relationships but there is a more optimistic prognosis. | £19,070 - £54,830 | |
| Moderate (c) | There have been problems in regard to coping as previously mentioned above. However, the prognosis is good and there has been marked improvement. | £5,860 - £19,070 | |
| Less Severe (d) | The length of the disability and the impact on daily activities and sleep are considered. | £1,540 - £5,860 | |
| PTSD | Severe (a) | Permanent effects preventing the person from returning to employment or functioning at a pre-trauma level. | £59,860 - £100,670 |
| Moderately Severe (b) | Better prognosis and a possibility of a partial recovery with professional help. | £23,150 - £59,860 | |
| Moderate (c) | Injured person has largely recovered and the effects that persist are not substantially disabling. | £8,180 - £23,150 | |
| Less Severe (d) | An almost full recovery has taken place between 1 to 2 years. Symptoms that persist for any longer are minor. | £3,950 - £8,180 |
To learn more about compensation for safeguarding data protection breaches, please chat with one of our advisors.
How Material Damage Could Also Compensate You
You may be able to receive compensation after suffering material damage. This refers to the financial impacts you have suffered because of the data breach.
If your bank data or credit card data is breached, this could lead to you suffering financial losses through illegal withdrawals. Compensation could help to recover what you have lost because of the data breach.
Bank statements and any documentation of the monetary harm you have experienced will be useful.
Talk To Us About Claiming On A No Win No Fee Basis
When making a personal data breach claim, you may look into how working with a solicitor could benefit you. If your case is assessed and it looks like it has a favourable chance of being awarded compensation, a solicitor may propose a Conditional Fee Agreement CFA. This is a type of No Win No Fee arrangement.
When working with a solicitor on your personal data breach claim via a CFA, you won’t need to pay them for their service at the following points:
- Upfront
- While the case moves forward
- If the personal data breach claim is not successful.
Alternatively, a success fee will be taken by your solicitor if your claim is successful. This is a deduction from your compensation. The percentage that No Win No Fee solicitors take is capped by the Conditional Fee Agreements Order 2013.
Get In Contact With Our Team
To discuss the impacts of safeguarding data protection breaches, please get in touch with an advisor. We can provide advice through a free consultation in which you can explain the circumstances of your claim.
To reach us for more guidance, please do so by:
- Calling us on 0161 696 9685
- Contact us through the submission of our form
- Consult our live feature to connect with a member of our team
Find Out More About Related Data Breaches
Thank you for reading about who could make a claim after being impacted by safeguarding data protection breaches. For more of our guides:
- Claims For Data Protection Breaches In Schools
- Data Breaches Caused By Human Error- Who Could Make A Claim?
- My Medical Information Has Been Shared – Could I Make A Claim?
- Find out how to claim for a stalker data breach with our helpful guide
External sources, please use the links listed:
- Anxiety – NHS
- Be Data Aware – ICO
- Data Protection Complaints – ICO