Social Services GDPR Data Breach Compensation Claims Guide – How To Claim?

    My Data Privacy Was Breached By The Social Services, Could I Claim Compensation?

    The law says that you have a right to have your personal information and data kept private and secure when you share it with a third party, whether that’s a private business or a public service like social services. If the information is not kept secure and is shared with or accessed by other parties and you go on to suffer mental or financial damage, then you may be entitled to make a claim for a data breach by social services.

    Social Services data breach compensation claims guide

    Social Services data breach compensation claims guide

    A data breach could happen in a number of different ways, as we will explain as this page goes on. A data breach by social services could happen as a result of mismanagement of data protection policies, hacking by a third party, or as a result of simple human error.

    Whatever was the cause, Legal Helpline is here to help. We can provide you with free legal advice through our team of experts and support in making a compensation claim through our panel of solicitors.

    This guide is an introduction to how and when we could assist you in making a compensation claim for a data breach by social services. If there is more that you want to know that isn’t included on this page, or if you want to start a claim, please contact us.

    You can either fill out our details on our contact us page to receive a phone call from one of our team members, or you can ring us directly on 0161 696 9685.

    Select A Section

    1. A Guide On Compensation Claims For A Data Breach By Social Services
    2. What Is A Data Breach By Social Services?
    3. How The GDPR Affects The Sharing Of Data With Third Parties?
    4. Calculating Social Services Data Breach Compensation Amounts
    5. Types Of Compensation Awarded For A Data Breach By Social Services
    6. Reporting Social Services To The Information Commissioners’ Office
    7. No Win No Fee Compensation Claims For A Data Breach By Social Services
    8. How To Get Help From A Data Breach Solicitor
    9. How To Start A Claim For A Data Breach By Social Services
    10. Talk To An Advisor
    11. FAQs On Data Breaches By Social Services
    12. Where Do I Learn More?

    A Guide On Compensation Claims For A Data Breach By Social Services

    You are probably wondering if you have the right to take legal action and/or seek compensation from social services after they have caused a data breach of your personal information. This page covers the law regarding data protection in order to outline what the social services obligations are towards your data privacy and the security of your personal information.

    It will also go over what kind of circumstances data breaches can arise in and what circumstances could give you the right to make a data breach claim with our panel of solicitors.

    This page isn’t just for explaining data protection laws either. It will also explain certain aspects of the process of making a compensation claim, such as the methods used to work out how much compensation you are entitled to.

    You’ll also find some useful information about how you can make the process of claiming compensation easier, such as the steps you can take to gather evidence and how you could make a No Win No Fee claim to reduce the risk of losing money on the legal fees for the claim.

    If there is anything else that you would like to know about in more detail, please call our team and they will be happy to give you a free, friendly consultation.

    What Is A Data Breach By Social Services?

    A data breach is a term for any situation in which a third party has illegally gained access to, or has potentially had access to, people’s personal data. It could also refer to situations in which data and information that should have been retained are destroyed or lost. This could be the result of a deliberate act or an accidental one.

    If you have had data shared or lost as a result of a data breach by social services then you could be entitled to claim compensation, so long as you can prove the breach and the consequential damage.

    How The GDPR Affects The Sharing Of Data With Third Parties?

    The GDPR stands for General Data Protection Regulation. It is a legally binding set of principles that applies to all countries that handle data relating to EU citizens. The UK has introduced the rules set out in the GDPR in its own laws in the form of the Data Protection Act 2018.

    GDPR and the Data Protection Act are the laws that set out the rules that organisations have to follow when collecting, storing, and processing people’s personal data and how they are allowed to use that data.

    The key legally binding principles laid out under the GDPR are as follows:

    • The means by which the data is collected must be transparent, fair, and lawful
    • The data can only be used for the purposes stated when the data was requested
    • Only the type of data that is needed for the stated purposes may be collected
    • The data must be accurate and updated where necessary
    • The data must be safely deleted or disposed of once its stated purpose has been served
    • The data must be kept securely where it cannot be accessed or shared with another party, whether it is stored on paper documentation or digital formats
    • The onus is on the organisation storing and collecting data to show proof that they have taken measures to meet these standards.

    You can learn more about the rules of the GDPR here and the Data Protection Act 2018 here.

    Calculating Social Services Data Breach Compensation Amounts

    When it comes to the amount of compensation you could be entitled to claim for mental damage, it depends on what kind of impact the data breach has had on you. For compensation for the effects of a data breach on your health, this will mostly come down to the question of how severely your mental health has been affected by the incident.

    Having your personal data breached can cause you great anxiety as you worry about the potential consequences. Having personal sensitive information that should have been kept secure and private is the technological equivalent to having your home burgled and is a huge failure of your trust.

    Social services in particular may often hold on to sensitive personal information and it can cause great distress when this information is put at risk of being accessed or widely shared.

    Following the ruling in the case Vidal-Hall and others v Google Inc [2015], there has been a legal precedent to award financial compensation to cover the damages done to a data breach victim’s mental health even when no other direct consequences can be found to have stemmed from the data breach.

    The table below is a compensation calculator; it displays the amounts of compensation that can be awarded for different kinds of mental health damage. While these figures are not exact and they do not cover compensation for other types of harm done, which we will address in the next section, it should help give you some idea of what amounts of compensation can be awarded in a claim like this.

    These figures come from the guidelines of the Judicial College, a document referred to by lawyers when valuing claims.

    InjuryCompensation
    Severe psychiatric damage£51,460 to £108,620
    Moderately severe psychiatric damage£17,900 to £51,460
    Less severeUp to £5,500
    Less severe PTSD£56,180 to £94,470
    Moderately severe PTSD£21,730 to £56,180
    Moderate PTSD£7,680 to £21,730
    Less severe PTSDUp to £7,680

    For a more precise estimate of your potential compensation award, please get in touch with our team.

    Types Of Compensation Awarded For A Data Breach By Social Services

    There are two different kinds of compensation that can be awarded in data breach compensation cases. The section above this one outlined the first kind, non-material damages, which are awarded for the harm to the claimant’s personal health caused by the data breach.

    The other kind of compensation is material damages. These damages are calculated separately from mental damage and they are awarded to compensate the victim for financial losses caused by the data breach. The losses inflicted by a data breach could be extensive, as a breach of personal data could expose a variety of confidential data including banking information.

    Financial losses resulting from a data breach can range from having money taken from your bank account, or used for transactions carried out through identity theft, to losing your job due to personal information being disclosed to an employer.

    There can be long-term implications to having financial and personal information breached, your credit rating score could be impacted, resulting in adverse chances of being able to access loans and mortgages in the future.

    Calculating material damages is a matter of putting together the costs and expenses that you can provide proof and documentation of. The sum total of the amount of money you have spent or lost out on represents the amount of compensation you could be entitled to.

    Make sure that you keep hold of any purchase confirmation emails, receipts, bank statements, wage slips, and any other documents related to your finances so that the information can be used to calculate and support your claim for compensation.

    Reporting Social Services To The Information Commissioners’ Office

    One optional course of action that you can pursue if you believe that you have been the victim of a data breach by social services is to make a report to the Information Commissioner’s Office.

    The ICO is the independent regulatory authority for data protection in the UK. If you register a complaint about the breach of your data by social services with the ICO they can investigate the issue and issue a fine to the authorities in question where appropriate.

    If you choose to make an ICO complaint it is best that you do it within three months of your last contact with social services as the ICO may not choose to follow up a report of an issue that is made after this point.

    Making an ICO complaint is not necessary if you wish to make a compensation claim. Once you have become aware of a data breach you could have the right to make a compensation claim. It may also be worth reporting the issue to the ICO if you are not satisfied with the organisation’s response. Here is a page with information on how to make an ICO complaint.

    No Win No Fee Compensation Claims For A Data Breach By Social Services

    One issue that could be off-putting to someone who may wish to make a data breach compensation claim is the question of how they will afford to make a claim. Taking legal action usually entails legal costs, such as the fees needed to hire a lawyer. Some people may not have the money to hire a lawyer. Having to invest legal fees into taking on a lawyer could make some people feel that they are taking a gamble by starting a claim.

    There is a solution to this problem – making a No Win No Fee claim. A No Win No Fee claim is a type of legal action where you sign an agreement with your lawyer. Under this agreement, your lawyer will not expect you to pay them any fees before starting the claim. They also won’t charge you legal fees for making the claim if the outcome is not successful. This way you don’t have to worry about any financial side effects of making a claim unsuccessfully.

    If you succeed in your No Win No Fee claim, your lawyer will be paid by receiving a small portion of the compensation that is awarded to you. This fee is capped at a low level and is used to cover your lawyer’s costs.

    If this option sounds inviting, then why not contact us and talk with us about starting a claim with one of the No Win No Fee solicitors on our panel.

    How To Get Help From A Data Breach Solicitor

    A data breach solicitor is important for you to have. They will have the qualifications, expertise, and experience needed to navigate the legal system and data protection law. They will put together your case and its evidence and.

    If you work with our panel of solicitors then you can make a No Win No Fee claim which, as we pointed out earlier, can make the process much easier and safer. Our panel of data protection lawyers can also cover your cases remotely, meaning you don’t have to worry about whether or not your solicitor is based locally to you.

    How To Start A Claim For A Data Breach By Social Services

    The first step you should take when you become aware of a data breach is to contact the organisation responsible for handling your data. You may find that they are able to offer a suitable reply, possibly with an apology and a settlement. If this satisfies you then that can be the end of the issue.

    If, however, they do not offer a proper resolution to the matter, you can bring a complaint to the ICO. If the ICO also fails to provide a satisfactory response or if you do not wish to go through the ICO process, then you can contact us.

    Our team can offer you a consultation on your situation. Our friendly legal experts will provide you with free advice about your situation and about whether or not you could be entitled to start a claim. If you do have grounds to make a claim then we can then put you in touch with one of our panel’s No Win No Fee data protection solicitors.

    Talk To An Advisor

    If you wish to reach our advisors there are three methods you could use.

    • You could call 0161 696 9685
    • You could begin email correspondence with our advisors on this page
    • Or chat with us now using our live chat service

    FAQs On Data Breaches By Social Services

    How do data breaches happen?

    There are a number of different ways in which data breaches could occur. They could occur as a result of the data being stored improperly, such as on an intranet network vulnerable to cyber-attacks. They could occur as a result of the organisation deliberately sharing the information with other parties, or as a result of human error, such as throwing out paper documents containing personal data onto an open skip where they could be stolen.

    What is a data dispute?

    A data dispute is a complaint or a form of legal action you could take up with the holder of your personal information if you believe that they have not abided by the terms of the GDPR or the terms of the agreement you made with them when you furnished them with your personal information. You could make a data dispute over personal information of yours being inaccurate or over a suspected data breach.

    What happens if my personal data is leaked?

    If your personal data is leaked you could be in danger of a number of different consequences. You could be at risk of identity theft, nuisance emails or phone calls, or harassment on the basis of protected characteristics made public by the data breach. If your personal data is breached you could be entitled to make a compensation claim. Contact us for more information about how to do this.

    What constitutes a breach of data protection?

    A breach of data protection is any failure to abide by the terms of the GDPR, resulting in your data being lost, accessed or shared by and to other parties, or misused by the organisation you shared it with, such as marketing purposes.

    Where Do I Learn More?

    Here are some links to other pages on our website about data breach claims that might be useful to you.

    Thank you for reading our guide to claims for a data breach by the social services.

     

    Guide by JY

    Edited by REB