A Universal Credit data breach would have the potential to comprise various types of personal data. A personal data breach is defined as a security incident that impacts the availability, confidentiality or integrity of personal data, applying to intentional as well as unintentional breaches.
In recent years there has been an introduction to two key pieces of data protection legislation. In this guide, you will find an explanation of data protection laws, and how a failure to uphold these regulations can lead to personal data breaches. Also, you will find the eligibility criteria that need to be met in order to have a valid personal data breach claim.
We have provided some illustrative examples of how a data breach could occur and the harm this could cause. You will also find guidance on how data breach compensation is calculated if your potential claim is a success.
The final section of this guide contains a brief overview of the type of No Win No Fee agreement our panel of data breach solicitors can offer and what benefits you can enjoy when starting a claim under this type of contract.
Our team of dedicated advisors can provide further detail on any of the information contained in this guide. They can also offer a cost-free assessment of your potential data breach claim. You can reach an advisor via:
- Call our helpline on 0161 696 9685.
- Begin your claim online by filling in our form.
- Or type a question into the Live Support widget, and an advisor will respond shortly.
Universal Credit Data Breach Compensation Claims Guide
Select A Section
- Universal Credit Data Breach Compensation Claims Guide
- What Potentially Could Cause A Universal Credit Data Breach?
- How Do You Prove A Data Breach Compensation Claim?
- How Much Could You Claim If Your Personal Data Is Breached?
- Start Your Claim Now
- Further Resources On Data Breach Claims
Universal Credit Data Breach Compensation Claims Guide
The Information Commissioner’s Office (ICO), the independent public body that governs data protection, are responsible for ensuring compliance with two key pieces of legislation; The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Data controllers and processors are two key entities that are responsible for keeping your personal data safe, failing to comply with this legislation can result in breaches of personal data.
There are 3 parties that need to be considered when discussing a Universal Credit data breach. These are:
- Data controller – the organisation that collects your data such as the Department for Work and Pensions who are responsible for deciding how and why your data will be processed.
- Data controllers may contract the processing of data to an external organisation, known as a data processor. Data controllers may choose to process data internally.
- A data subject is the living identifiable individual to whom the personal data relates.
The eligibility criteria to begin a personal data breach claim are as follows:
- Either the data controller or processor failed in their duty to comply with data protection legislation.
- Due to these failures, a data breach affecting your personal data took place.
- Because of this breach, you experienced financial damage, psychiatric harm or both.
If your personal data has been involved in a data breach and this has led to you suffering harm, this does not automatically mean that you could seek compensation in a personal data breach claim. If the data controller or processor has done all they can to keep your data safe by abiding by data protection laws then a claim is not likely.
Should A Universal Credit Data Breach Occur What Kind Of Data Could Be Affected?
Universal Credit (UC) is an income support payment from the Department of Work and Pensions (DWP) for people on low incomes, who are looking for work or are unable to work, such as due to disability. Claimants apply online through the government portal.
The ICO define personal data as any information relating to an identified or identifiable natural person that can be used to identify them. The DWP hold personal data such as your name and address as well as your bank details for the purposes of making UC payments. The DWP may also hold what is called “special category data,” such as personal data relating to your health or racial background and ethnic origin. Special category data is more sensitive in nature and therefore demands higher standards of security.
What Potentially Could Cause A Universal Credit Data Breach?
Should a Universal Credit data breach occur, this could comprise personal data as well as special category data, which could include contact details and information relating to disabilities and long-term health conditions of claimants.
Below we have given some illustrative examples of how a data breach could occur:
- An employee misplaces an electronic hard drive containing the addresses and contact information of Universal Credit recipients. Unauthorised persons subsequently access the hard drive.
- Information regarding claimants’ disabilities was exposed in a cyber attack due to inadequate online safety data security systems.
- A letter containing personal details was sent to the incorrect address even though the correct address was on file.
How Do You Prove A Data Breach Compensation Claim?
Evidence demonstrating that your personal data was involved in a data breach will be needed in support of your case as well as evidence detailing how you suffered. Some possible examples are detailed here:
- Communication from the data controller highlighting that a data breach affecting your personal data has taken place.
- Any medical records highlighting any psychiatric harm caused by the data breach.
- Financial documents, such as credit card statements, that show money losses.
Upon discovering a data breach that has compromised the rights and freedoms of data subjects, a data controller must inform the affected data subjects without delay. There is also a requirement that a data controller report the breach to the ICO within 72 hours if the requirements for reporting are met. The ICO can then open an investigation into the breach. Findings from the ICO investigation can be used as supporting evidence for your claim.
Data subjects have the right to express dissatisfaction with how their data is being handled. You can also complain to the ICO yourself if you do not receive an adequate response to your concerns. It is not required that you first report a data breach to the ICO before starting the claims process.
Our dedicated team can offer more advice on the evidence you can collect to support your data breach claim. After your particular circumstances have been assessed, you could work with a specialist data breach solicitor from our panel to compile a body of supporting evidence. Speak to a team member using the contact information provided below.
How Much Could You Claim If Your Personal Data Is Breached?
Data breach compensation can be awarded for two different types of damage following a successful claim. These are:
- Material damage refers to the financial losses stemming from a personal data breach.
- Non-material damage refers to any psychiatric harm caused. This can include general stress, exacerbation of existing conditions and in severe cases, post-traumatic stress disorder.
Solicitors can refer to the Judicial College Guidelines (JCG) to calculate a potential value for non-material damage, as they would for a personal injury claim.
Compensation Table
Data breach compensation is calculated case-by-case, therefore this table has been included to offer guidance only.
Type of Harm Guideline Award Bracket Notes
Severe Psychiatric harm (a) £54,830 to £115,730 The person's ability to maintain relationships, work, study, cope with life in general will all be severely impacted along with experiencing future vulnerability and a poor prognosis.
Moderately Severe Psychiatric harm (b) £19,070 to £54,830 The claimant will be affected with similar issues to above but there will be a more positive prognosis.
Moderate Psychiatric harm (c) £5,860 to £19,070 In this category although the claimant will have been impacted in a similar way to the above the prognosis is good and they will have made marked improvements.
Less Severe Psychiatric harm (d) £1,540 to £5,860 Amount of damages awarded may depend on the extent of injuries and duration suffered.
Severe PTSD (a) £59,860 to £100,670 The claimant will not be able to function as they did before the incident as they will suffer severe permanent affects.
Moderately Severe PTSD (b) £23,150 to £59,860 With professional help those at this level can make a recovery to some degree. They will be disabled for the foreseeable future.
Moderate PTSD (c) £8,180 to £23,150 The person is likely to make a good recovery remaining symptoms will not have a major impact.
Less Severe PTSD (d) £3,950 to £8,180 Beyond two years the person only suffers minor symptoms.
For a detailed estimate of what your potential claim could be worth, contact our team today.
Start Your Claim Now
Contact our team for further advice on what to do should a Universal Credit data breach occur which affects your personal data, and you experience harm as a consequence. Our advisors can assess the validity of any claim free of charge. You could be connected with a dedicated data breach solicitor from our panel if it’s decided you have a valid claim. Our panel can offer a type No Win No Fee contract called a Conditional Fee Agreement (CFA)
When working with a solicitor under a CFA, you will not have to pay any fees upfront for the solicitor to begin working on your claim. There will likewise be no ongoing fees during the claims process. You will also not have to pay any fees for a failed claim.
Following your claim’s success, you will receive a compensation payout for any material and non-material damage caused by the data breach. The solicitor will deduct a percentage of this compensation, which is subject to a legal cap, as their success fee.
For a no-cost, zero-obligation assessment of your potential claim, talk to one of our advisors today. You can get in touch via the following:
- Call our helpline on 0161 696 9685.
- Begin your claim online by filling in our form.
- Or type a question into the Live Support widget, and an advisor will respond shortly.
Further Resources On Data Breach Claims
See more of our data breach claims guides:
- Find out if you could claim for a bank data breach.
- Learn more about what to do following a mortgage provider data breach.
- Read our guide on steps you could take after an HMRC data breach.
External resources you may find helpful:
- See the NHS information on PTSD here.
- Read this ICO resource on UK GDPR
- The Government have prepared guidance on avoiding phishing scams
Contact our team at any time for further advice on what to do should a Universal Credit data breach occur which affects your personal data, and you experience harm as a consequence. To get a free assessment of the validity of a potential claim, or to ask any questions, speak to our advisors today. You can use any of the contact details given above to reach a member of our team.