This guide will discuss the potential steps you could take if you were affected by the South Staffs Water cyber attack. In some cases, it may be possible to make a personal data breach claim. However, there are a set of eligibility criteria that need to be met in order to do so. We will explore these in more detail within our guide as well as discuss the time limitations in relation to starting legal proceedings.
South Staffs Water Cyber Attack – Who Could Claim?
Additionally, our guide details what a personal data breach is and the information that could be affected if one were to occur. It also outlines the impact a breach involving your personal data could have.
Moreover, we provide guidance on data breach compensation, including how it can address the different ways you were impacted and how it is calculated.
Furthermore, to finish our guide, we explain how a No Win No Fee agreement typically works and what you can expect from working with a solicitor on this basis.
For more guidance about who could make a data breach claim, please keep reading our guide. Alternatively, you can connect with an advisor to discuss your specific circumstances by using one of the contact methods below:
- Call on 0161 696 9685
- Submit your details via our contact form
- Use our chat window to begin a live discussion
Choose A Section
- South Staffs Water Cyber Attack – Who Could Claim?
- What Happened In The South Staffs Water Cyber Attack?
- Evidence Which Could Support Data Breach Claims
- Estimated Payouts For Data Breach Claims
- Why Claim With A No Win No Fee Solicitor?
- Further Information On Claiming For A Data Breach
South Staffs Water Cyber Attack – Who Could Claim?
Firstly, a personal data breach is defined by the Information Commissioner’s Office (ICO) as a security breach in which your personal data is lost, destroyed or altered by accident or unlawfully. It also involves your personal data being disclosed or accessed without authorisation.
Personal data is information that can be used to identify you, such as your name, postal address, phone number, credit or debit card details, or email address.
Another kind of personal information is special category data. This requires more protection due to the sensitive nature of the information. It can include data that reveals your racial or ethnic origin and biometric data that is used for identification purposes.
There are two parties responsible for the handling of your data. Controllers decide why your personal information is being collected and how it will be processed, and processors work under the instruction of the controller.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 outline the responsibilities data controllers and processors have in relation to protecting your personal data. If they fail to adhere to these pieces of data protection law, it could lead to a breach in which your personal data is compromised.
The ICO, which is the body responsible for upholding data subjects rights and freedoms, can take enforcement action against those who fail to adhere to data protection legislation. However, they cannot award compensation.
Article 82 of the UK GDPR highlights the criteria in regard to claiming compensation for a data breach:
- The entities responsible for handling your personal information have failed to adhere to data protection laws.
- Due to their wrongful conduct, a breach involving your personal data occurred.
- As a result of the breach, you suffered emotional harm or financial loss.
Time Limits
In addition to ensuring your claim meets the criteria set out above, you also need to ensure you start your claim within the time limit set out for data breach claims. This is generally six years but it can be reduced to one year if the claim is against a public body.
To learn more about time limitations and eligibility criteria, please speak with our team.
What Happened In The South Staffs Water Cyber Attack?
In August 2022, South Staffs Water had a cyber attack. The bank details could have been accessed, including names and addresses of account holders as well as sort codes and account numbers.
The company have announced that investigations have taken place and they have liased with the National Crime Agency.
If your personal data has been affected in the South Staffs Water data breach, please get in touch with an advisor to discuss the potential steps you could take.
Source: https://www.bbc.co.uk/news/uk-england-stoke-staffordshire-63809829
Evidence Which Could Support Data Breach Claims
Organisations have to report a breach that has affected your rights and freedoms within 72 hours to the ICO. Additionally, they must also notify you if the breach has affected your rights and freedoms. They must do so without undue delay.
If you have been contacted by the organisation, you can keep copies of any correspondence from them as evidence to support your potential claim. This can include letters or emails which may highlight the nature of the breach and what personal data was affected.
If you have not been contacted by the organisation, you can reach out to them. However, if they do not reply or they provide an inadequate response, you can make a complaint to the ICO. The ICO may perform an investigation into your complaint. If the findings from their investigation support your claim, you could use this as evidence.
You can also gather evidence of any financial loss via debit or credit card statements as well as credit reports. Also, you could request a copy of any medical records that show the psychological harm you have experienced due to the breach.
For more information on the evidence you could collect to support your potential claim, please get in touch with an advisor. They can also provide guidance on how you can report a data protection breach.
Estimated Payouts For Data Breach Claims
Data breach settlements can comprise compensation to address the different ways you were affected by the breach. Firstly, you can receive compensation for the non-material damage you experienced because of the breach. This relates to any psychological harm, such as anxiety, distress, stress, depression and, in more severe cases, post-traumatic stress disorder.
When valuing this aspect of your potential payout, solicitors can use the guideline compensation brackets contained within the Judicial College Guidelines. You can find some of these figures in the table below. However, you should only use them as a guide because each settlement will differ depending on the unique circumstances of the case.
Compensation Guidelines
| Harm | Severity | Details | Guidelines For Compensation |
|---|---|---|---|
| Mental Harm | Severe (a) | There are notable problems in coping with different areas of life such as work and relationships. The prognosis is very poor. | £54,830 - £115,730 |
| Moderately Severe (b) | Problems of a significant nature in coping with similar areas of life to the above bracket but there is a better prognosis. | £19,070 - £54,830 | |
| Moderate (c) | There are problems relating to coping with aspects of life as stated above but the improvement is notable and there is a good prognosis. | £5,860 - £19,070 | |
| Less Severe (d) | The effect on daily activities and the extent to which the disability persisted will be considered. | £1,540 - £5,860 | |
| Post-Traumatic Stress Disorder | Severe (a) | The effects prevent the person from working or functioning at the same level as before the trauma. All aspects of life are severely affected. | £59,860 - £100,670 |
| Moderately Severe (b) | The prognosis is better and there is potential for some recovery with professional help. | £23,150 - £59,860 | |
| Moderate (c) | Effects that continue are not largely disabling and the person will have made a significant recovery. | £8,180 - £23,150 | |
| Less Severe (d) | A mostly full recovery has occurred within one to two years. Any persistent symptoms are minor. | £3,950 - £8,180 |
Could I Receive Compensation For Material Damage?
You could also receive compensation for any material damage you have suffered because of the breach. Material damage relates to the financial impact on your life.
For example, if your bank details were compromised, this could lead to unauthorised purchases and withdrawals causing you to lose money. If you can provide evidence of these expenses, you could receive compensation for them.
To learn more about the value of your data breach claim, please get in touch with an advisor on the number above. An advisor can provide a free personalised estimate of what your potential payout could be worth.
Why Claim With A No Win No Fee Solicitor?
If you are eligible to work with a solicitor from our panel, they could put forward the possibility of working your claim on a No Win No Fee basis. As such, they may offer a contract that allows you to access their services without paying upfront or ongoing fees. The contract is called a Conditional Fee Agreement and it also means you won’t need to pay for the work completed on your claim if it fails.
Alternatively, following a claim that has a successful outcome, you will need to pay a success fee to your solicitor. They will take this as a percentage of your compensation. However, the amount they can take is restricted by the law.
Contact Us About Data Breach Claims
If you have any other questions regarding the steps you could potentially take if you were affected by the South Staffs Water cyber attack, please speak with an advisor. To reach them, you can:
- Call on 0161 696 9685
- Submit your details via our contact form
- Use our chat window to begin a live discussion
Further Information On Claiming For A Data Breach
Below, you can find more of our helpful guides relating to data breach claims:
- Data Breaches Caused By Human Error, Who Could Make A Claim?
- Employer Breach Of Data Protection, What Are My Rights?
- Examples Of Accidental Workplace Data Breaches
Additionally, you can find some helpful resources below:
- How To Make A Data Protection Complaint – ICO
- Information For Individuals And Families – National Cyber Security Centre
- Get Help With Stress – NHS
Thank you for reading our guide on the potential steps you could take if you have evidence that the South Staffs Water cyber attack affected your personal data and caused you harm. If you have any other questions, contact an advisor using the number above.
Written by EM
Edited by MMI