Author Archives: Patrick Mallon

About Patrick Mallon

Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

Image Data Breach Compensation Claims Case Study

An image data breach can mean that a captured image from which you can be identified has been breached. Every day our lives are captured on camera, whether it be through CCTV or even the ever evolving doorbell that can capture images.

Image data breach

Image data breach

Having your image caught up in a data breach can cause emotional distress or psychological injuries. The data subject may also experience financial losses. Any organisation or company that captures your image or handles another type of personal data becomes known as a data controller. Sometimes controllers can outsource their data processing to a data processor. Please get in touch with Legal Expert today to discuss your case. If an advisor believes you have legal grounds to claim, we can provide you with a skilled solicitor to handle your case.

Use the following information to reach us:

  • Call us on 0800 073 8804
  • Fill out our contact form to see if you can claim online
  • Or you can type a question for us into our Advice widget, and we will respond as soon as possible

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  1. What Is An Image Data Breach?
  2. Does Data Protection Apply To Photos?
  3. Causes Of Personal Data Breaches
  4. Image Data Breach Case Study
  5. What Could You Claim For An Image Data Breach?
  6. Claim Compensation By Contacting Us

What Is An Image Data Breach?

Personal data is information that can be used to identify a person. In certain circumstances, an image may be considered personal data if a person can be identified in the photo or video footage. It can depend on what the image is being captured for. A personal data breach is a security incident that comprises the integrity, confidentiality and availability of data subjects’ personal data. So, an image data breach can potentially be a security incident which may compromise the protection of a person’s identifiable data.

Under the UK General Data Protection Regulation and the Data Protection Act 2018 organisations and parties that handle personal data are responsible for protecting it. Data protection laws seek to protect personally identifiable data and personal data of a sensitive nature. Therefore data processors or controllers are accountable for upholding our data protection laws to prevent data breaches.

Those who unfortunately suffer due to the breaching of personal data may be able to pursue a claim for compensation if:

  • A data controller or processor failed in their obligation to comply with the applicable.
  • Consequently, a data breach occurred that involved your personal data
  • And the data breach caused the subject emotional distress or psychological injuries? Or financial losses.

Does Data Protection Apply to Photos?

This is where it can get a little tricky. If you are photographed in the background of a photo while your image is processed by the photographer, your image being in the photograph would not be considered personal data. However, if a photograph is used to learn or decide something about the data subject, it can then become personal processed data.

Generally, in order for a data controller to process or share personal data, they must have a lawful basis to do.

These are the six lawful bases for sharing personal data:

  • Consent
  • Contract
  • Legal obligation
  • Vital interests
  • Public task
  • Legitimate interest

For a business to use CCTV footage, they must register this with the Information Commissioner’s Office ICO. The ICO are an independent public body set up to ensure the rights of data subjects are being upheld. The business must also ensure that it informs the public that they are being recorded, control who has access to the recorded data, and only use such a service for the purpose it was intended to be used for.

Causes Of Personal Data Breaches

A personal data breach can happen for a variety of different reasons. Some data breaches are caused by cyber security attacks such as hacking. However, the majority of personal data breaches happen through accidental means or human error. Here are some examples of personal data breaches:

  • An employer used CCTV for security reasons, this system captures staff leaving and entering the building. The employer lost these recordings because they failed to lock them away safely.
  • A company leaves a USB stick on a train that contains digital files of identifiable images.
  • A private hospital specialising in cosmetic surgery has its customer database hacked. The hackers can gain identifiable images of clients because the online security systems were not adequate enough, nor were they updated.

Statistics On Related Data Breaches

The Information Commissioner’s Office is in charge of upholding the United Kingdom’s data protection regulations. When an organisation experiences a data breach which threatens the rights and freedoms of those involved, the organisation must report the data breach to the ICO.

Below are some statistics relating to non-cyber incidents that show the number of data security incidents reported to the ICO during the fourth quarter of the 2021/22 financial year. Please see the ICO’s data security incident trends to learn more.

  • Alteration of personal data – 4
  • Data emailed to incorrect recipient – 381
  • Data of wrong data subject shown in client portal – 20
  • Data posted or faxed to incorrect recipient – 217
  • Failure to redact – 109
  • Failure to use bcc – 79
  • Unauthorised access – 229

Image Data Breach Case Study

So that we can make this matter clear, we put together an illustrative case study.

A school published school photos on social media without asking for consent from a child’s parent. The child in the photo and her mum and young brother has recently moved to a new area and new school to escape from the father, who had a history of violence.

The mother raised concerns with the school. Subsequently, the school removed the individual pictures. Eventually, the family had to change schools because the data breach threatened their safety. Consequently, stress due to the data breach was suffered and unnecessary disruption to their lives.

What Could You Claim For An Image Data Breach?

If your data breach compensation claim is successful, two types of damages may be awarded. Victims can receive material damage to compensate them for any financial losses incurred. Victims can also receive non-material damage to compensate them for the psychological injuries they experienced, like anxiety or emotional distress caused by the data breach.

The table below has amount brackets taken from the Judicial College’s 16th edition compensation guidelines. This publication is very often used to value injury and illnesses in civil claims. The Judicial College updated the guidelines in 2022.

Edit
Reason For Claim Severity Damages Notes
Psychological Damage (Generally) (A) Severe £54,830 to £115,730 Serious and marked problems across all parts of the person’s life. The diagnosis for recovery is poor.
Psychological Damage (Generally) (B) Moderately Severe £19,070 to £54,830 The person will be left with mental health problems over the long term.
Psychological Damage (Generally) (C) Moderate £5,860 to £19,070 The person could face serious problems though they will already have made a significant level of recovery.
Psychological Damage (Generally) (D) Less Severe £1,540 to £5,860 Compensation paid out will take account of how long symptoms remained for.
PTSD (A) Severe £59,860 to £100,670 Acute and permanent mental health injuries which detrimentally impact this person’s life.
PTSD (B) Moderately Severe £23,150 to £59,860 Similar to the above, but the diagnosis allows for more recovery if professional care is sought.
PTSD (C) Moderate £8,180 to £23,150 The person will have more or less made a recovery.
PTSD (D) Less Severe £3,950 to £8,180 A full or near full recovery will happen in two years or under.

Of course, your compensation can vary, depending on your circumstances. So you may receive more or less compensation than the amounts in the table. Please call Legal Expert today, and we can value your claim accurately.

Claim Compensation By Contacting Us

Please get in touch with Legal Expert to see if you can make a compensation claim for an image data breach. We will speak to you about your ordeal, and if you have a valid reason to claim, we can assign a skilled data breach solicitor to work on your case. Furthermore, the solicitor may offer their service on a No Win No Fee basis.

You may be asked to sign a Conditional Fee Agreement (CFA).

The CFA states that there are no upfront fees to pay your solicitor. Instead, you will pay a success fee only when you receive compensation. What’s more, your success fee is charged at a capped rate.

To see if you can make an image data protection breach claim, please reach out to us:

  • Dial 0800 073 8804 to reach our claims helpline
  • Please write to us to enquire about making a claim online
  • Alternatively, use the advice widget to speak to us

Learn More About UK GDPR Compliance

If a data breach harmed you, please read these resources to learn more about what you can do.

The rights granted by copyright – a guide from the Intellectual Property Office (IPO)

Lawful basis interactive guidance tool – a resource from the ICO

Your right to limit how organisations use your data – a guide from the ICO

Thank you for reading our guide to making an image data breach claim.

An Employee Shared My Personal Data On WhatsApp – Can I Claim For A Data Breach?

Last Updated 7th January 2025. This guide will explain the steps you could take if an employee shared your personal data on WhatsApp. You could have been caused financial losses or psychiatric harm due to a personal data breach and wonder whether you may be eligible to claim compensation. As we move through this guide, we will discuss what personal data is, how a breach could occur and what laws are in place to protect your personal information.

The UK General Data Protection Regulation (UK GDPR), alongside the Data Protection Act 2018 (DPA), lays out how personal data must be protected. Data controllers and processors handling your personal data must ensure that it is kept secure in compliance with data protection laws. Data controllers determine the means and purpose of processing your personal data as a data subject, whereas processors are hired by them to act on their behalf and instructions.

Continue reading this article to learn more about making a data breach claim. You can also get in touch with our team today. Our advisors can assess your case, and if they find that you may be eligible to receive compensation, they could place you in contact with one of our specialist data breach solicitors. Our solicitors may offer to handle your case under a No Win No Fee agreement.

To get in touch, you can:

  • Call us today on 0800 073 8804
  • Contact us via our website
  • Speak to an online claims advisor using our live support feature below

A digital hexagon with the words 'data breach' written inside

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What Is Employee Personal Data?

The Information Commissioner’s Office (ICO) is the UK’s independent body responsible for upholding personal information rights. They describe personal data as information that, when processed alone or with other data, can be used to identify a person, for example, a name, email address or phone number. The UK GDPR also categorises certain sensitive personal data as special category data, which requires extra protection. This includes personal data revealing your racial or ethnic origin and concerning health, such as medical records.

Organisations can collect their employee’s personal data. However, they must keep it secure in adherence with data protection laws such as the UK GDPR and the DPA by carrying out actions such as:

  • Providing employees responsible for handling personal data with training.
  • Having adequate security measures, for example, providing a secure location to store paper documents and having an up-to-date cyber security system.

If an employee shared your personal data via Whatsapp due to them not having received the appropriate training, your employer may have breached the UK GDPR. However, there is a criteria of eligibility that must be met to have valid grounds to make a claim. This includes:

  • An organisation failed to adhere to data protection laws causing a data breach.
  • This breach compromised your personal data.
  • As a result, you suffered psychiatric harm or financial losses.

Data Security Incident Statistics

Data controllers that discover the occurrence of a data breach that risks the rights and freedoms of data subjects must notify the ICO within 72 hours. From these reports, the ICO publishes data security incident trends organised by sector and quarter. They show:

  • From Quarter 2 of 2019 to Quarter 2 of 2022, there were 32,541 incidents reported across all sectors.
  • There were 25,914 non-cyber incidents and 6,627 cyber incidents during the same period.

Please speak to our team of advisors to find out whether you could be eligible to bring forward a claim if an employee shared your personal data on WhatsApp.

Data Protection In The Workplace

A personal data breach could happen if a data controller or processor does not adhere to data protection laws. If an employee shared your personal data on WhatsApp, this could be a data breach if there was no lawful basis to do so. Subsequently, you may have experienced financial losses or psychiatric injuries such as stress, anxiety or post-traumatic stress disorder (PTSD).

Organisations could take steps to avoid employees sharing personal information on messaging apps, such as:

  • Have data awareness training that includes online messaging platforms.
  • Encourage their employees to regularly change their passwords.

Contact our team for insight into the validity of your claim.

Can Personal Data Be Shared Without Permission?

Under Article 6 of the UK GDPR, there are six lawful bases for sharing personal data. A data controller or processor can share your data if there is a lawful basis to do so. These include:

  • Consent
  • Contract
  • Legal obligation
  • Vital interests
  • Public task
  • Legitimate interests

Only one lawful basis is needed. However, the lawful basis that is most appropriate may depend on the purpose for processing.

Please speak to one of our advisors to learn more about claiming after an employee shared your personal data via WhatsApp.

How Do You Claim If Another Employee Shared Your Personal Data On WhatsApp?

If an organisation has informed you that a data breach has occurred that compromised your personal data or if you suspect that a breach has taken place but you have not been contacted, there are steps you can take:

  • First, directly contact the data controller responsible for handling your personal data and ask for an explanation.
  • Then, if you receive an unsatisfactory response, you could complain to the ICO. This is not a requirement to make a claim. However, if they carry out an investigation, the findings can provide useful evidence.
  • Also, we recommend that you seek legal advice. Contact our team of advisors for free and confidential advice regarding your potential claim.

What Could I Claim If An Employee Shared My Personal Data On Whatsapp?

If an employee shared your personal data on WhatsApp, there are two types of damage you could seek data breach compensation for:

  • Non-material damage: psychological harm caused by having your personal data exposed. Non-material damage can vary greatly in severity, from relatively minor stress to severe post-traumatic stress disorder (PTSD).
  • Material damage: this refers to the financial impact of a personal data breach, we’ll examine this in more detail in a later section

Those tasked with determining a potential non-material damage compensation figure can use your medical evidence in conjunction with the Judicial College Guidelines (JCG). The JCG publication contains guideline compensation figures for various types of harm. We have used the brackets for psychological injury to create the following WhatsApp data breach compensation table.

Compensation Table

We must emphasise that this information has been provided to act as guidance only. The first entry was not taken from the JCG.

Harm and SeveritySeverityGuideline Compensation Amount
Very Severe Psychological Distress with Financial LossesVery SevereUp to £500,000+
Psychiatric Harm GenerallySevere (a)£66,920 to £141,240
Moderately Severe (b)£23,270 to £66,920
Moderate (c)£7,150 to £23,270
Less Severe (d)£1,880 to £7,150
Post-Traumatic Stress DisorderSevere (a)£73,050 to £122,850
Moderately Severe (b)£28,250 to £73,050
Moderate (c)£9,980 to £28,250
Less Severe (d)£4,820 to £9,980

Material Damage

A personal data breach can also have substantial financial impacts. A few examples of financial damage that can occur due a breach of personal data can include:

  • Lost earnings due to time taken off work.
  • The cost of security installations or even a relocation if your address has been compromised.
  • Medical costs for treatment of any psychological harm.

Remember to keep hold of your payslips, as well as any other documentation that shows what losses you incurred. 

To get a free assessment of your eligibility to claim, and to inquire further about how personal data breach compensation is calculated, contact our advisors today. 

Talk To Us And Claim Using A No Win No Fee Agreement

A solicitor could offer to work on your claim under a Conditional Fee Agreement (CFA). This type of No Win No Fee agreement helps you to fund the services of a solicitor. As per the terms of this agreement, you will generally not have to pay for your solicitor’s services upfront, as the claim is ongoing or in the event that the claim does not succeed.

On the other hand, if your claim is successful, a solicitor working under a CFA can take a small and legally capped percentage of the compensation, often known as a success fee.

Contact our team of advisors to find out whether you could have a valid claim by:

  • Calling us today on 0800 073 8804
  • Using our website to contact us
  • Speaking to an online claims advisor via our live support feature below

More About Data Breach Claims

Please explore more of our guides to learn more about the data breach claims process:

Also, take a look at the external links below:

We hope this guide has provided insight into the steps you could take if an employee shared your personal data on WhatsApp. Please get in touch if you have any other questions.

Written by Oxland

Edited by Mitchell

How To Claim If Injured While Unloading A Wagon

How To Claim If Injured While Unloading A Wagon

How To Claim If Injured While Unloading A Wagon

This article examines if you can make an accident at work claim if you are injured while unloading a wagon. Throughout this guide, we will explain the eligibility criteria for making a personal injury claim for an accident at work. 

 We investigate key legislation designed to protect your health and safety in the workplace. Additionally, we look at how carrying out risk assessments and implementing any required changes could help keep you safe while at work. We also examine examples of guidelines for safe loading and unloading.

You are owed a duty of care while at work. If this is breached and you experience an injury as a result, you might be able to make an accident at work claim. We examine the two heads that could form a personal injury claim. Additionally, we take a look at No Win No Fee arrangements that could be used to hire the services of a solicitor. 

To get in touch with our claims team: 

Select A Section

  1. Health And Safety For The Workplace
  2. Falls From Vehicles During Loading And Unloading
  3. Manual Handling Injuries
  4. Vehicle Accidents Whilst Unloading A Wagon
  5. What Could You Claim If Injured While Unloading A Wagon?
  6. How To Claim If Injured While Unloading A Wagon

Health and Safety For The Workplace 

Legislation helps to govern employee health and safety, this includes while loading and unloading vehicles. The first key piece of legislation is the Health and Safety at Work etc. Act 1974 (HASAWA) which sets out the duty of care employers owe their employees. This means that employers must take reasonable steps to reduce risks. 

The Management of Health and Safety at Work Regulations 1999 puts an emphasis on employers carrying out risk assessments. A risk assessment can identify risks employees might face in their workplace. Additionally, arrangements should be made to implement any protective measures. 

To be able to make an accident at work claim, you must be able to satisfy these points:

  1. Your employer failed to adhere to health and safety legislation
  2. Because of this breach in duty of care you were injured.

Loading and Unloading Guidance

Additionally, the Health and Safety Executive (HSE) sets out guidelines for loading and unloading vehicles. We have included some of the suggestions below:

  • Safety equipment should be used where necessary. 
  • Loading and unloading areas are clear of traffic as well as pedestrians. 
  • Clear space from any electrical capable
  • Secure any loads.
  • No overloading of vehicles
  • Loads should be packed correctly
  • Applying brakes and stabilisers. 
  • Safety equipment requirements. 

Get in touch with our accident at work claims team if you were injured while unloading a wagon because your employer failed to reduce any risks that had been identified.  

Falls From Vehicles During Loading And Unloading

As stated above, employer’s responsibilities include identifying workplace risks and reducing them. Ignoring their responsibilities could result in injuries. If health and safety procedures are not implemented, those who are loading or unloading the lorry can be faced with the risk of injury. It is vital that all equipment is maintained, employees are provided with the correct personal protective equipment and training is given on safety techniques. 

Those who are responsible for unloading and loading a wagon should also have manual handling training. This will demonstrate how to carry, lift and move objects within the workplace to prevent falls. Falling from a wagon while unloading or loading can result in serious injuries such as a fractured skull, for example, or broken ribs

Get in touch with our personal injury claims team for free legal advice if you have been injured while unloading a wagon caused by your employer being negligent. 

Manual Handling Injuries

Your employer should have conducted a manual handling risk assessment and have policies in place to reduce the risk of manual handling accidents. Adequate training should be provided to employees expected to lift objects. This could prevent injuries from lifting in the wrong way, such as a back injury or shoulder injury. Additionally, if the load is not evenly balanced, objects could fall, which could injure you or another person. 

Employers should consider whether it is safe for one person to lift alone or unaided. You could experience a pulled muscle injury, or a chronic musculoskeletal disorder could develop when lifting or carrying objects that are too heavy for a single person. 

Our injury at work claims team can help start your injured while unloading a wagon claim today. 

Vehicle Accidents Whilst Unloading A Wagon

Additional risks are presented by both the traffic while unloading as well as the vehicle itself moving. In either of these situations, you could be hit by a moving vehicle, which could cause various injuries from broken and fractured bones to being crushed. 

Policies should be in place to ensure that brakes and stabilisers are used. Additionally, the docking location should be clear of other traffic. Pedestrians should also be clear of the unloading and loading dock.

A warehouse, for example, may want to supply employees and any on-site visitors with luminous vests to ensure that they can be easily seen. Adequate lighting should also be provided while unloading

Contact our personal injury claims team for advice on what steps you could take to support a claim. 

What Could You Claim If Injured While Unloading A Wagon?

Two heads could form your accident at work claim. Both are investigated further in the sections below. 

General Damages

This head of your claim seeks to compensate you for the physical injury. In addition, if the injury or the accident itself caused a psychiatric injury, you could also be compensated for that under general damages. 

It is impossible to work out now the exact amount you’ll receive in a successful claim. To help assign value to injuries, legal professionals will turn to the Judicial College Guidelines (JCG). This is a document that contains injuries sitting with compensation brackets. Figures from the latest edition are provided in the table. 

Edit
Injury Severity Level Potential Compensation Notes
Brain Injury Moderate (c) (i) £150,110 to £219,070 The injury results in a significant epilepsy risk, moderate to severe intellectual deficit, personality changes, impact on senses and no employment prospects.
Severe Leg Injuries (b) Most Serious (i) £96,250 to £135,920 Severe injuries such as fractures that haven’t united or extensive degloving.
Neck Injury Severe (a) (ii) £65,740 to £130,930 Considerably severe disabilities from serious fractures or disc damage in the cervical spine.
Foot Injuries Severe (a) £41,970 to £70,030 Unusually severe injury to a single foot or substantial mobility restrictions and considerable permanent pain from fractures to both heels.
Other Arm Injuries Permanent and Substantial (b) £39,170 to £59,860 Serious forearm fractures that leave a risk of significant residual disability that is of a permanent nature.
Pelvis and Hip Injuries Moderate (b) (i) £26,590 to £39,170 There isn’t a major permanent disability despite the original injury being significant in nature.
Back Injury Moderate (ii) £12,510 to £27,760 Backache or exacerbation of a pre-existing back condition.
Toe Injuries Severe (c) £13,740 to £21,070 Severe damage and significant continuous symptoms Possible one or two toes being amputated, bursting wounds or partial amputation.
Shoulder Injury Serious (b) £12,770 to £19,200 Pain, restricted movement and sensory problems from dislocation and lower brachial plexus damage.
General Psychological Injury Moderate (c) £5,860 to £19,070 Improvements occur after experiencing problems coping in life and the future looks good for recovery.

Special Damages

You may have incurred expenses due to the injury. Special damages are the head of your claim that could recover expenses, provided you have proof, such as receipts or wage slips. 

Examples include:

  • Loss of earnings/future earnings. 
  • Additional medical expenses, including therapy and cosmetic surgery costs. 
  • Travel expenses. 

Our accident at work claims team could provide an estimate of your injured while unloading a wagon claim. 

How To Claim If Injured While Unloading A Wagon

A personal injury solicitor could help gather evidence supporting your accident at work claim as well as ensure it is filed in full and on time. You could hire a No Win No Fee solicitor that takes personal injury claims. Their services could be offered under a Conditional Fee Agreement (CFA)

Under these payment terms, you don’t pay your solicitor upfront for their services. Instead, they’ll take a fee from the awards given to successful claims. This is called a success fee. The amount that can be taken is legally capped. If a claim doesn’t succeed, however, you will not pay for your solicitor’s service. 

Our advisors are available 24 hours a day, 7 days a week, to discuss your injuries. If you would like to proceed and your claim seems valid, you could be connected with our solicitors. 

Contact us if you have been injured while unloading a wagon: 

Further Resources

Citizens Advice Data Breach Claims

Citizens Advice Data Breach - Compensation Claims Guide

Citizens Advice Data Breach – Compensation Claims Guide

Citizens Advice is a charitable independent organisation which provides people with help and confidential advice on legal matters, debt and housing problems. As a data controller, because it decides why personal data is collected and how it will be used, Citizens Advice has a legal obligation to protect personal data. Should a Citizens Advice data breach occur, we look at what information this may involve. 

This guide will define the term personal data breach and explain the eligibility criteria that must be met in order to make a claim.  

Two key pieces of legislation govern data protection laws in the UK, the UK General Data Protection Regulation (UK GDPR) and the updated Data Protection Act 2018 (DPA). They sit alongside one another. Moreover, the UK GDPR sets the criteria for data breach victims to make a compensation claim.   

Therefore, in this guide, we will look at the eligibility criteria that must be met to claim compensation and the amount that you could receive for a successful data breach claim. 

Read on to find out what you could do if a Citizens Advice data protection breach were to occur. Additionally, contact our team of advisors to discuss making a personal data breach claim. They are available to provide free, confidential advice 24/7 for your convenience. 

Go ahead and:

Select A Section

  1. What Could A Citizens Advice Data Breach Be?
  2. Do You Have The Right To Claim Compensation?
  3. Charitable And Voluntary Sector Data Breach Statistics
  4. Can I Claim For A Citizens Advice Data Breach?
  5. Average Settlements For Charity And Voluntary Sector Data Breaches
  6. Start Your Claim For A Personal Data Breach

What Could A Citizens Advice Data Breach Be?

Firstly, we will define what personal data includes. Article 4 of the UK GDPR describes personal data as any information relating to an identifiable or identified natural person. Therefore, this includes your:

Furthermore, the UK GDPR separates some personal data as special category data, which requires extra protection due to its sensitive nature. This includes your sexual orientation, religious beliefs, ethnicity, and trade union membership status. 

Next, we will use this information about personal data to define what a personal data breach is. The Information Commissioner’s Office (ICO) is an independent UK body responsible for upholding information rights. It provides a definition: A personal data breach is a breach of security leading to the unlawful or accidental loss, destruction, alteration, or unauthorised disclosure of, or access to, personal data. 

Therefore, a data breach could occur due to:

  • A person incorrectly disposes of paperwork or hardware
  • A person emails personal data to the wrong recipient
  • Someone sends a letter or fax to the wrong person
  • A cyber attack compromises personal data
  • Paperwork or digital documents are stolen or lost after being stored in an unsecured location
  • A failure to redact information

You may wonder, ‘what else could potentially cause a Citizens Advice data breach?’ Contact our advisors for more information.  

Do You Have The Right To Claim Compensation?

To consider your right to claim compensation, we will examine Article 82 of the UK GDPR. It states that the victim must suffer either material or non-material damage caused by the incident.  

  • Material damage – covers certain financial losses caused by the personal data breach.
  • Non-material damage – covers the psychological harm caused by the personal data breach. This could include emotional distress such as stress, anxiety, depression and, in extreme cases, post-traumatic stress disorder.  

Furthermore, it also states that there must have been a failure to adhere to data protection laws on the part of the data processor and/or data controller, which leads to the breach. The data controller is often an organisation that decides the purpose and means of processing a data subject’s information. At the same time, the data processor acts on their behalf and carries out the processing of personal data. 

An organisation must have a valid lawful basis to process your personal data. There are six available lawful bases:

  • Consent
  • Contract
  • Legal obligation
  • Vital interests
  • Public task
  • Legitimate interests 

Should a Citizens Advice data breach take place and this in turn causes your personal data to be breached, our advisors can answer any queries you may have. 

Charitable And Voluntary Sector Data Breach Statistics

The ICO provided data security incident statistics compiled from the number of reported personal data security incidents during the fourth financial quarter of 2021/22. In the charitable and voluntary sector, it states that there were:

  • 131 total data security incidents 
  • Phishing scams caused 24 of these
  • Unauthorised access resulted in 19 of these incidents.
  • Data emailed to the wrong recipient caused 17 incidents. 

Can I Claim For A Citizens Advice Data Breach?

If an organisation has contacted you or you suspect that a breach of your personal data has occurred, there are steps you could take. If your rights and freedoms are at risk due to the data breach, the organisation should have contacted you without undue delay and notified the ICO within the 72 hours following the discovery of the breach.  

Firstly, to gather more information, you can complain directly to the organisation that was processing your personal data at the time of the breach. They can explain what has happened and what data has been affected. 

Following an unsatisfactory reply or no response, you can make a complaint to the ICO. They can investigate the breach, and their findings may provide useful evidence for a claim. However, it is important to note that the ICO cannot award compensation. Additionally, you do not have to contact them in order to pursue a claim. 

At the same time, it is recommended to see legal advice. Please contact our advisors if you have proof a data breach caused by a failure to comply with the relevant legislation has resulted in your personal data being compromised. They can provide more information on how you could report a data breach incident.  

Average Settlements For Charity And Voluntary Sector Data Breaches

The Vidal-Hall and Others v Google Inc [2015] court of appeal case changed the law’s position on data breach compensation requirements. Previously, you could not claim for non-material damage if you were not also claiming material damage. However, following this case, you can now claim for non-material damage without, or alongside, material damage. 

In the table below, we have used the Judicial College Guidelines (JCG), updated in April 2022, for injuries under non-material damage. Legal professionals, such as data breach solicitors, use this text to value payouts. 

Edit
Injury Details Compensation Bracket
Severe Psychological Injury (a) The person will have a very poor prognosis and will show marked problems coping with education, work and daily life. £54,830 to £115,730
Moderately Severe Psychological Injury (b) The person will have a more optimistic prognosis but will still show significant problems coping with education, work and daily life. £19,070 to £54,830
Moderate Psychological Injury (c) The person will have shown problems coping with education, work and daily life, but there will have been a marked improvement by the time of trial, and the prognosis will be good. £5,860 to £19,070
Less Severe Psychological Injury (d) The person will have seen an effect on their daily activities and sleep. There will be a consideration for how long it lasted and to what extent. £1,540 to £5,860
Severe PTSD (a) The person’s life will be permanently badly affected, and they will be unable to work or function as they did pre-trauma. £59,860 to £100,670
Moderately Severe PTSD (b) The person is likely to suffer significant disability for the foreseeable future, but there will be a better prognosis for some recovery with professional help. £23,150 to £59,860
Moderate PTSD (c) The person will have largely recovered. £8,180 to £23,150
Less Severe PTSD (d) The person will have made a virtually full recovery in 1-2 years. £3,950 to £8,180

These figures are a guide, not an exact representation of what you may receive.  

Furthermore, you could be entitled to claim certain financial losses under material damage, such as money stolen from your bank accounts and damage to your credit score. You must keep evidence of any material damage you intend to claim. You could keep bank records and evidence of your credit history. 

Contact our team to find out more.

Start Your Claim For A Personal Data Breach

Although you are not legally obligated to use a solicitor when claiming for a personal data breach, it could be highly beneficial. Legal professionals will be able to help you navigate the claims process and build a claim.

Moreover, opting to use a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) means you will not pay for your solicitor’s services if your claim does not succeed. Therefore, you will not be expected to pay any upfront or ongoing fees for their services. If your claim is successful, your solicitor will receive a ‘success fee’. This is a small, legally capped percentage of the compensation.

Please speak to our advisors to find out whether you could be eligible to be placed in contact with one of our specialist No Win No Fee solicitors.   

You can:

Charity And Voluntary Sector Data Breach Claims

More pages from our site for you to take a look at:

External pages to provide further reading:

Our advisors can answer any questions should a potential Citizens Advice data breach happen? Contact us to enquire.

Dumper Truck Accident Claims – How To Claim Compensation

Dumper Truck Accident Claims - How To Claim Compensation

Dumper Truck Accident Claims – How To Claim Compensation

This guide will look at dumper truck accident claims. We will explain how an accident can happen and the types of injuries you could suffer. 

A dumper truck is a vehicle used for transporting lose materials, as the skip allows the materials to be deposited wherever required. Therefore, these vehicles are often found on construction sites

Working with dumper trucks can be dangerous as they are large, heavy vehicles. The Health and Safety at Work etc. Act 1974 (HASAWA) protects employees by outlining the duty of care all employers must adhere to. Employers must take reasonably practicable steps to ensure the health and safety of their employees at work, such as carrying out maintenance in due time and providing proper training. 

Therefore, negligence occurs when an employer breaches this duty of care. If employer negligence causes you to be injured at work, you could make a personal injury claim to receive compensation for the physical and psychological suffering as well as certain financial losses resulting from the injury. 

What Is A Dumper Truck Accident?

Due to dumper trucks’ unique purpose and mechanics, it is important that those tasked to operate them are fully trained. For example, two workers who have not received training to use a dumper truck have been instructed to use one for their task. They overload the truck’s bed as they do not know the weight limit. This causes the truck to tip over and injure the workers. 

If negligence has caused you a workplace accident, contact our team of advisors. They are available 24/7 to offer free legal advice regarding dumper truck accident claims. Also, upon assessment of your claim, they could put you in contact with one of our specialist solicitors. However, you will not be under any obligation to further your claim.  

You can:

Select A Section

  1. Safe Operating Of Dumper Trucks
  2. What Could Cause Dumper Truck Accidents?
  3. Types Of Dumper Truck Accidents
  4. Injuries Caused By Dumper Truck Accidents
  5. Dumper Truck Accident Claims Calculator
  6. How To Make Dumper Truck Accident Claims

Safe Operating Of Dumper Trucks

The Health and Safety Executive (HSE) website provides information regarding the safe use of site dumpers. Before operating a dumper truck, it is vital that any employee is given initial training, as well as hold a licence and are made aware of risks operating such a vehicle may bring. If these risks cannot be removed they at minimum should be reduced.

There is both a responsibility on the employer and the workers to adhere to the safety guidelines to prevent a dumper truck accident at work. The employer should ensure that inspection and maintenance are carried out in compliance with the guidelines. Additionally, they should ensure that anyone appointed to drive and operate the dumper truck is appropriately trained. 

If employer negligence has caused you to be injured, find out more about making dumper truck accident claims from one of our advisors. 

What Could Cause Dumper Truck Accidents?

There are various ways a dumper truck accident could occur, including:

  • Driving on uneven ground and surfaces
  • Poor visibility
  • Debris falling off the truck
  • The vehicle is faulty
  • Workers inexperienced or not trained to use the vehicle correctly

These accidents could occur due to employer negligence if the following apply:

  • No or inadequate training is provided.
  • An employer does not carry out maintenance in accordance with the manufactures guidance. 
  • An employer deems personal protective equipment (PPE) as necessary but does not provide it.
  • An employer does not carry out the required action after a defect was reported. This could include marking the vehicle as out of use. 

Would you like to know more about dumper truck accident claims? Contact a member of our team today.

Types Of Dumper Trucks Which Could Be Involved In An Accident

Different dumper trucks include: 

  • Rigid dumper truck
  • Articulated dumper truck
  • Tracked dumper truck
  • Mini dumper truck

Excavator And Construction Industry Accident Statistics

The HSE website also compiles accident at work injury figures from the Labour Force Survey and also submitted by employers under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

Construction injury statistics in Great Britain 2020/21:

  • Across all industry groups, there were 51,211 total non-fatal injuries reported under RIDDOR.
  • In construction, of this 51,211 there were 3,464 non fatal injuries.
  • 39 fatal injuries
  • In construction between 2016/17 – 2020/21 50% of injuries were caused by slips, trips and falls.
  • Estimated by the Labour Force Survey 74,000 work-related ill health cases (new or longstanding)
  • And 54% of these were musculoskeletal disorders. 

Types Of Dumper Truck Accidents 

Hazards associated with the use of vehicles and machinery should be identified, and precautions should be taken before operating the vehicle. 

Some different types of dumper truck accidents include:  

  • Overturning and crushing the driver or a pedestrian.
  • Collisions with another vehicle, stationary object or a person.
  • The load in the back of the truck is deposited and hits a person.

Dumper Truck Road Traffic Accident Claims

Road users owe each other a duty of care to navigate the roads safely and prevent road traffic accidents. The Road Traffic Act 1988 (RTA) and The Highway Code sets obligations for road users. 

Contact our team of advisors if you have been involved in a dumper truck road accident caused by another road user’s negligence. Also, a claim can be made via the Motor Insurers’ Bureau (MIB) if the driver is uninsured or cannot be tracked. 

Injuries Caused By Dumper Truck Accidents

Various injuries could occur in a dumper truck accident, some of which include: 

Dumper Truck Accident Claims Calculator

For personal injury claims, there are two potential heads of claim: general and special damages. 

  • General damages – account for the physical and psychiatric pain and suffering caused by the injury. 
  • Special damages – account for certain financial losses caused by the injury.

In the table below, we have used the Judicial College Guidelines (JCG), produced in April 2022, to provide some general damage amount brackets. Solicitors and other legal professionals refer to this document to help them value settlements. 

Edit
Injury Details Compensation Brackets
Very Severe Injury Resulting from Brain Damage The injury will cause a need for full-time care. The person will show little or no meaningful response to their environment. £282,010 to £403,990
Moderate Injury Resulting from Brain Damage (iii) The injury will have affected the person’s memory and concentration. Their ability to work will be reduced, but dependence on others will be very limited. £43,060 to £90,720
Amputation of Legs (a)(i) The person will have lost both legs. One or both will have been amputated above the knee. £240,790 to £282,010
Severe Neck Injury (i) The person will have suffered an injury associated with incomplete paraplegia or permanent spastic quadriparesis. In the region of £148,330
Amputation of Arms (b)(i) The person will have lost one arm at the shoulder. Not less than £137,160
Very Severe Foot Injury The person will suffer permanent and severe pain or really serious permanent disability. £83,960 to £109,650
Chest Injury (b) The person will have suffered a traumatic injury to the chest, heart or lungs. There will be permanent damage and a reduction in life expectancy. £65,740 to £100,670
Chest Injury (c) The injury to the chest and lungs will cause some continuing disability. £31,310 to £54,830
Severe Back Injury (iii) The person will have suffered an injury, such as fractured discs, which leads to chronic conditions and continuing disabilities. £38,780 to £69,730
Injuries Affecting Sight (e) The person will have completely lost sight in one eye. £49,270 to £54,830

These figures are a guide. Each case has unique details that determine the amount awarded.

Furthermore, you could be entitled to claim compensation for certain past and future financial losses under special damages. Some of these include:

  • Loss of earnings
  • Travel expenses
  • House alterations
  • Treatment or care not covered by the NHS

It is important to consider that you must keep evidence of any special damages. This could be travel tickets, payslips or bank records. 

Speak to our advisors to learn more about how a compensation calculator in the UK could help you to get an accurate compensation estimate for dumper truck accident claims. 

How To Make Dumper Truck Accident Claims

Although it is not a legal requirement to use a solicitor when making a personal injury claim, it can prove extremely beneficial. Specifically, choosing to use a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) means you will benefit from expert legal advice without having to pay for a solicitor’s services if your claim is unsuccessful. Therefore, there are no upfront or ongoing fees for your solicitor’s services.

Additionally, if your claim is successful, your solicitor will take a small legally capped percentage of the compensation, called a ‘success fee’, to cover their services.

Contact our team of advisors if you would like to learn more about the process of making dumper truck accident claims. If they find your claim could be valid, they could connect you with a No Win No Fee solicitor.   

To speak to a member of our team today: 

Learn More About Building, Construction And Road Accident Claims

Explore these pages from our site:

External sources for further information:

Thank you for reading this guide to dumper truck accident claims.

Children’s Services Data Breach – Case Study

This guide will discuss when a claim following a children’s services data breach could be justified. If a data breach occurs that affects children’s personal information, it could cause several issues. For example, a breach of personal data can have both a financial and mental impact.

children's services data breach

Children’s services data breach claims guide

Organisations have a responsibility to protect your personal data as per data protection law. We will explore their responsibilities in further detail throughout this guide.

Additionally, we will explore examples of how data breaches could occur and what steps could be taken following this type of incident. 

Furthermore, we’ll explore the option of seeking legal representation by working with a solicitor who offers their services on a No Win No Fee basis. This can provide those looking to hire a solicitor with a way to fund legal representation without paying upfront or ongoing costs.

To learn more about making a data breach claim, continue reading our guide. Alternatively, contact our advisors for more information. Our team are available 24 hours a day, 7 days a week. To get in touch:

Select A Section

  1. What Is A Children’s Services Data Breach?
  2. What Organisations Could Breach Your Data?
  3. Who Could Claim If A Child’s Data Is Breached?
  4. Children’s Services Data Breach Case Study
  5. Average Settlements For Breaching A Child’s Personal Data
  6. Learn About No Win No Fee Solicitors

What Is A Children’s Services Data Breach?

A personal data breach involves a security incident causing your personal data to become destroyed, altered or lost in an accidental or unlawful way. It can also involve an unauthorised person accessing or disclosing your personal information. Whether the breach occurs accidentally or with criminal intent, compensation could be sought if an organisation’s failings caused personal data to become compromised leading to financial loss or mental harm.

There are key roles involved in the protection of your personal data, such as:

  • Data controller: The controller decides how and why they are going to process your personal data. They can also process this data themselves.
  • Data processor: The processor is responsible for acting on behalf of the data controller.

Both the data controller and data processor are responsible for protecting your personal data. The UK General Data Protection Regulation (UK GDPR) and an updated version of the Data Protection Act 2018 (DPA) work alongside each other to set out the responsibilities a controller and processor has. Additionally, the UK GDPR provides those who have been affected by a personal data breach, the right to seek compensation for the damage they were caused.

The Information Commissioner’s Office (ICO) are an independent UK body that upholds the rights and freedoms of data subjects. They can also take enforcement action against organisations that breach data protection law. 

Please remember that if you have any questions about a children’s services data breach claim while reading this guide, you can call our advisors for free legal advice.

What Organisations Could Breach Your Data?

There are multiple companies and organisations that may have access to children’s personal data. Some of these may include:

A personal data breach can occur for many reasons. They can happen as a result of cyber attacks if computer security systems aren’t updated regularly, making it easier for cyber criminals to hack the system.

They could also occur as a result of human error. This could happen if employers fail to train staff on how to handle personal information safely and securely. For example:

  • An employee leaves their computer screen unlocked with sensitive data on the screen. As a result, another unauthorised employee gains access to the information.
  • Colleagues discuss sensitive information in a public area.
  • An email with personal information attached is sent to the wrong recipient.

Measures should be implemented to prevent these incidents from taking place. However, if an organisation failed to do so, leading to personal data becoming compromised and causing the person financial loss or mental harm. a claim could be made for data breach compensation. Learn more about who could claim if a child’s data is breached in the section below.

Who Could Claim If A Child’s Data Is Breached?

The criteria for being eligible to make a personal data breach claim includes:

  • An organisation failed to protect your personal data
  • Your personal data was compromised as a result
  • This led to you experiencing financial loss or mental harm.

Additionally, there is a general time limit of 6 years to start a data breach claim. However, the time limit is reduced to 1 year when claiming against a public body.

For more information on who could make a claim following a children’s services data breach, get in touch on the number above.

Children’s Services Data Breach Case Study

Below, we have created a fictional case study to illustrate the process of claiming compensation for a children’s services data breach.

An employee was tasked with sending an email to a family, who recently had a social worker assigned to them, containing information about the next steps that needed to be taken to help the family. The email contained the children’s name, details of the school they attended, their address, ages and information relating to their health.

However, the employee sent the email to the wrong person. As a result, various types of personal data were compromised, including sensitive data. This led to the children experiencing anxiety, stress and distress because of their personal information being accidentally disclosed to another person.

The family was eligible to seek compensation after the organisation’s failings led to their children’s personal data being compromised and caused them mental harm.

Average Settlements For Breaching A Child’s Data Privacy

When making a data breach claim, you could seek compensation for material damage and non-material damage. Each of these compensate for the different ways in which the personal data breach affected you. For example:

  • You can seek compensation for material damage which covers the financial losses you suffered as a result of the personal data breach. This could include loans taken out in your name due to having your bank details stolen.
  • You can seek compensation for non-material damage which covers the psychological damage you sustained due to the personal data breach. For example, anxiety, distress, stress, post-traumatic stress disorder (PTSD) and depression.

You can claim for non-material damage independently of material damage. The non-material damage head of claim is often calculated with help from the Judicial College Guidelines (JCG). This is a publication containing a list of compensation brackets alongside different types of mental harm.

We have included these figures in the table below. However, you should only use them as a guide because the actual settlement you receive could differ from what’s listed.

Edit
Injury Compensation Notes
Severe Mental Harm (a) £54,830 – £115,730 The prognosis is very poor, with various areas of the person’s life being affected.
Moderately Severe Mental Harm (b) £19,070 – £54,830 There will be a significant impact on various areas of the person’s life but a more optimistic prognosis.
Moderate Mental Harm (c) £5,860 – £19,070 The person will have made a significant improvement and will have a good prognosis.
Less Severe Mental Harm (d) £1,540 – £5,860 The settlement awarded will depend on the extent to which the person suffered and for how long.
Severe Anxiety Disorder (a) £59,860 – £100,670 The person will experience lasting effects on all aspects of their life.
Moderately Severe Anxiety Disorder (b) £23,150 – £59,860 The injured person will have a better prognosis with professional help, though they will still experience significant disabilities.
Moderate Reactive Anxiety Disorder (c) £8,180 – £23,150 The person will have mostly recovered with any ongoing issues not being hugely disabling.
Less Severe Anxiety Disorder (d) £3,950 – £8,180 A virtually full recovery is made in under two years. However, minor symptoms will persist.

Alternatively, you could use our compensation calculator to get an estimate of how much your claim is worth. Or, you can speak with a member of our team. They can assess your children’s services data breach case and provide a free valuation of your claim. 

Learn About No Win No Fee Solicitors

You may be eligible to work with one of our solicitors under a No Win No Fee agreement. There are different types, including a Conditional Fee Agreement (CFA) which our solicitors can offer.

Under a CFA, generally, there are no upfront or ongoing costs for the services your solicitor provides. Additionally, you don’t need to pay them for the services they have provided you with if your case is unsuccessful.

For successful claims, a success fee is taken from your compensation. This is taken as a percentage which is subject to a legal cap.

An advisor could assign one of our data breach protection solicitors to represent your case under a CFA, if they find its valid and has a chance of success. For more information, get in touch by: 

  • Filling out the contact form
  • Calling us on 0800 073 8804
  • Contacting an advisor via the live chat feature

Learn More About Children’s Services Data Breach Claims

Here are some external links that may help:

More of our guides are available here:

We hope this guide exploring whether a claim could be made following a children’s services data breach has helped. If you need any other information, call our team on the number above.

Written by Allerton

Edited by Mitchell

Gender Identity Clinic Data Breach – Can I Claim Compensation?

This guide will discuss the Gender Identity Clinic data breach and the data that was involved. It will also look at what laws protect personal information and who is responsible for securing such data. Not all data is protected by data protection legislation only data that can be used alone or in conjunction with other data to identify a living person.

Charing Cross Gender Identity Clinic data breach claims guide

You may be aware of the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). These laws state that those in receipt of your personal data must seek to keep it secure and available and protect its integrity. Failure to comply with data protection laws could see those responsible for the personal data liable should be it breached and cause harm to the data subjects.

For free legal advice and to find out if you have a valid personal data breach claim;

  • Call us on 0800 073 8804
  • Contact us online and request a callback
  • Or access help through our ‘live support’ option below.

Select A Section 

  1. What Was The Gender Identity Clinic Data Breach?
  2. Special Category And Personal Data Explained
  3. The ICO’s Response To The Gender Identity Clinic Data Breach?
  4. What Could You Claim If Affected By A Data Breach
  5. What Evidence Do I Need For A Gender Identity Data Breach?
  6. Call For Free Advice About The Gender Identity Clinic Data Breach

What Was The Gender Identity Clinic Data Breach?

Tavistock and Portman NHS Foundation Trust manage the Gender Identity Clinic. On the 6th of September 2019, the Gender Identity Clinic sent out two mass emails to patients of the Trust. However, instead of using the blind carbon copy (Bcc) option, which keeps the email addresses of all recipients protected, the CC field was used. This meant that an estimated 1,781 patients who had attended the clinic had their email addresses breached.

UK GDPR defines a personal data breach as a security incident where personal data is unlawfully or accidentally altered, lost or destroyed. Or where personal data is accessed or disclosed without authority or lawful basis.

Keeping the integrity, confidentiality and availability of personal data is a part of the 7 Core Principles of data handling that all controllers and processors must adhere to. Controllers will have control over the means for processing personal data and are usually a company or organisation. Processors are generally hired as a contractor to process personal data on behalf of the data controller.

The principles of correct data handling state that personal data must be:

  • Collected in a way that complies with the law in a fair, obvious and transparent way
  • Is used only for the reasons that it was collected
  • Limited in the amount of personal data collected
  • Kept accurate and up to date
  • Retained only for as long as needed and then securely destroyed
  • Kept in a secure way (including during storage or transportation)
  • Handled with personal responsibility.

Special Category And Personal Data Explained

Personal data is processed information that can be used to identify you. Personal data includes:

  • Name and address
  • Email address and mobile phone number
  • Bank and credit card details

Additionally, special category data is a type of personal data that is given added protection due to its sensitivity. Special category data is any personal data that relates to;

  • Racial and ethnicity
  • Health data
  • Political, religious and philosophical opinions
  • Sexual orientation
  • Genetic and biometric information

If any of this data is breached because the data controller or processor failed in their legal obligation to keep it secure in accordance with the data protection laws, then should it cause a data subject harm, they could have the right under Article 82 of the UK GDPR to pursue a personal data breach claim.

The ICO’s Response To The Gender Identity Clinic Data Breach?

The Information Commissioners Office (ICO) investigated the Gender Identity Clinic data breach incident. The Commissioner found that the Trust failed to process personal data in a way that kept it secure. Tavistock and Portman NHS Foundation Trust were issued with a penalty notice from the ICO. The amount of penalty was £78,400.

Anyone is free to complain to the ICO if they believe their data has been mishandled. The ICO recommends contacting the organisation if you suspect your personal data may have been breached. If they fail to respond or the response is not satisfactory, then you can escalate this complaint internally. You can also contact the ICO and ask them to investigate any data protection complaint you may have.

Data controllers must inform any data subject if they suffer a data breach that will infringe on their rights or freedoms. This should be done without undue delay and must also be reported to the ICO within 72 hours of discovery.

Please be aware the ICO cannot award any compensation. Call our advisors now to find out if you are eligible to claim data breach compensation.

What Could You Claim If Affected By A Data Breach?

The UK GDPR sets out the criteria for being eligible to make a data breach claim; it also sets out what can be claimed for. To be eligible to pursue a claim under the UK GDPR, you must be able to show;

  • A controller or processor failed to keep secure your personal data according to data protection laws.
  • Consequently, this led to a data breach that involved your personal data.
  • This resulted in you suffering material or non-material damage.

Material damage is the financial losses that you have experienced (or may experience in the future) because of the data breach. In order to uphold a claim like this, you need to present bills or receipts, bank statements or other documentation that shows a financial loss.

Non-material damage is the psychiatric injury caused by the data breach, such as depression, stress and anxiety.

In the table, we have taken bracket amounts from the Judicial College Guidelines (JCG) used by data breach solicitors when valuing non-material damage. However, the top row isn’t from the JCG.

Mental Health Condition Amount Brackets Descriptions
Multiple Mental IllnessesUp to £250,000+In addition to mental injuries, there are associated financial losses.
Mental Disorders Severe £73,050 to £122,850Permanent impacts that severely reduces the quality of the person's life in all areas
Mental Disorders Moderately Severe £28,250 to £73,050A similar degree of severity to above but showing some improvement after professional counselling
Mental Disorders Moderate
£9,980 to £28,250
Overall a good recovery with any persisting issues being manageable in nature.
Mental Disorders Less Severe £4,820 to £9,980A near full recovery that takes place within a 12 - 24 month period and any issues persisting beyond this being minor.
Mental Injury Severe £66,920 to £141,240In cases like this, all areas of the person's life is impacted in a way that gives a poor prognosis for recovery.
Mental Injury Moderately Severe £23,270 to £66,920Similar issues to the bracket above and still a long-standing injury, but indicative of a more positive prognosis.
Mental Injury Moderate £7,150 to £23,270Initially serious issues that show a degree of improvement by the time the case might be heard
Mental Injury Less Severe £1,880 to £7,150This bracket looks at the length of illness.

It is important to bear in mind that these compensation awards are not guaranteed.

What Evidence Do I Need For A Gender Identity Data Breach?

Here are some examples of evidence which may help to prove a gender identity clinic data breach:

  • Copies of correspondence between you and the clinic or the medical professional.
  • Correspondence records with the ICO
  • Police report details, if relevant, for example, to show how the data breach has resulted in a security threat, such as stalking or a hate crime.
  • Records to demonstrate additional security measures, such as CCTV cameras at home or a complete change of address.
  • Any findings from the ICO investigation.
  • Psychiatric reports or a psychotherapist’s note to demonstrate the mental injuries incurred.

Collecting evidence is a crucial step in pursuing a claim related to a clinic data breach. The evidence should be of such a nature that it demonstrates the clinic’s liability for the data breach.

As the data subject, if you have any concerns about how the clinic handles your data, you can submit a formal complaint. If you aren’t satisfied with their response, you can forward your complaint to the ICO. While the ICO doesn’t have the authority to award compensation, it can issue penalties to the clinic if it finds any UK GDPR violations. Contact our advisors for more information or guidance on collecting evidence for gender identity clinic data breach claims.

Call For Free Advice About The Gender Identity Clinic Data Breach

It’s important to note that data breach claims can be complex. It could be easier to work with a legal professional. They have experience in cases like this and can give your case the attention it needs.

At Legal Expert, after a brief and informal assessment with a member of our team, we could connect you with a No Win No Fee data breach solicitor. Under an arrangement like this, usually, there are no upfront fees or any while the case moves forward. A legally capped success fee is deducted from the compensation if the claim is successful, and the rest is sent to you. A claim that fails means you have no success fee to pay.

With this in mind, why not get in touch to see how we could assist you on a No Win No Fee basis? Simply:

Learn More About Data Breaches

Here we have provided some more of the resources on our website and some links to external resources you may find helpful.

For information about the potential steps to take following the Gender Clinic data breach, do not hesitate to call our advisors today.

Confidential Info Sent To The Wrong Email Address – Can I Claim?

By Stephen Hudson. Last Updated 19th March 2025. Businesses and organisations must safeguard personal data under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 DPA. Confidential information is not always personal data. So in order to make confidential information sent to the wrong email address data breach claim, you would need to show what personal data was included.

Sending an email to the wrong person can be a UK GDPR data breach if the email contains a data subject’s personal data. To find out if you can make a data breach claim because confidential information was sent to the wrong email address, please call us today for your free consultation, and if we can see that you have a valid reason to claim, we can provide you with a skilled solicitor to manage your case.

To make a data breach claim:

  • Call our helpline on 0800 073 8804
  • Use our online claims form to contact us
  • Or type your question into our Live Support bar, and we will answer it promptly

Confidential information sent to the wrong email address

To learn more, why not check out our video below:

Pick A Topic

  1. What To Do If Confidential Information Was Sent To The Wrong Email Address
  2. Examples Of How Confidential Information Could Be Sent To The Wrong Email Address
  3. Is Sending An Email To The Wrong Person A Data Breach?
  4. Can I Claim If My Confidential Information Was Sent To The Wrong Email Address?
  5. What Evidence Can Help Me Prove A Claim After Confidential Information Was Sent To The Wrong Email Address?
  6. Compensation For A Data Protection Breach
  7. Contact Us To Start A No Win No Fee Claim

What To Do If Confidential Information Was Sent To The Wrong Email Adress

A personal data breach is a security incident that leads to loss, unlawful or accidental destruction, unauthorised disclosure, alteration of or access to personal data. This can occur when staff send an email to the wrong person, get the wrong postal address, or mix up similar names.

However the data breach occurs, this is a potentially highly serious matter that can have lasting effects. There are three different parties that are relevant when discussing data breaches. These are:

  • Data controllers: the organisations that decide when, why and how personal data is to be processed.
  • Data processors: external organisations who undertake processing on behalf of a data controller.
  • Data subjects: living identifiable individuals to whom the personal data relates.

If you are notified of a data breach, or suspect one has occurred, you should get in contact with the organisation straight away. You should also seek legal advice about potentially starting a claim. 

The Effects Of A Data Breach

If confidential information is sent to the wrong email address, the impact can be very serious. Personal data is any information that can be used to identify an individual, whether through direct or indirect means. Special category data is personal information that is more sensitive in nature and, therefore requires higher standards of protection. Examples include data relating to health, religious and political beliefs and trade union membership.

While any personal information being exposed can cause financial harm, or emotional distress, unauthorised persons gaining access to sensitive personal data can be extremely distressing.

To get a free eligibility assessment, contact our advisors today via the details provided below.

Examples Of How Confidential Information Could Be Sent To The Wrong Email Address

A wrong email address data breach can occur in a number of different ways. We have given a few potential scenarios here.

Possible examples can include:

  • Inadequate training at a GP office resulted in a failure to use blind carbon copy (BCC) on a group email. This resulted in all recipients seeing each other’s email addresses.
  • Administration errors meant your HR file was sent to a different employee with a similar name. The file contained details of your disability support plan, which the other employee was not authorised to see.

For a free assessment of your eligibility to claim after an email was sent to the wrong person in violation of the UK GDPR, get in touch today using the contact information given below.

Is Sending An Email To The Wrong Person A Data Breach?

You might be wondering, ‘is sharing an email address a breach of GDPR under UK legislation?’. When you give permission to an organisation to use and share your personal data, sometimes this may mean that if they share your email address, it would not be classed as an email data breach.

However, if you do not give permission for an organisation to share your personal data, such as an email address, and it is shared unlawfully, this may be considered a data breach.

For example, an organisation sending an email to the wrong person by accidentally CC’ing them into an email meant for you could be considered a data breach. If this caused you some form of psychological or financial harm, you could potentially claim compensation.

If you have been affected by an email data breach, get in touch to find out how our expert solicitors could help you claim data breach compensation.

My Confidential Information Was Sent To The Wrong Email Address – How Long Do I Have To Claim?

If your confidential information was sent to the wrong email address, and you meet the eligibility requirements to make a personal data breach claim, you’ll need to take action within the limitation period.

Typically, you have six years to start your claim. However, if you are making your claim against a public body, this time limit is reduced to one year.

One of the many benefits of working with a solicitor on your claim is that they can ensure that your case is filed within the correct limitation period. You can contact our advisors today to see if you could be eligible to work with one of our solicitors. They could also help answer any questions you may have about making a personal data breach claim for a breach of the UK GDPR.

Can I Claim If My Confidential Information Was Sent To The Wrong Email Address?

A wrong email address data breach can occur in a number of different ways. We have given a few potential scenarios here. To find out if you could claim in your specific circumstances, you can contact our advisors for a free eligibility assessment.

Possible examples can include:

  • Inadequate training at a GP office resulted in a failure to use blind carbon copy (BCC) on a group email. This resulted in all recipients seeing each other’s email addresses.
  • Administration errors meant your HR file was sent to a different employee with a similar name. The file contained details of your disability support plan, which the other employee was not authorised to see.

For a free assessment of your eligibility to claim after an email was sent to the wrong person in violation of the UK GDPR, get in touch today using the contact information given below.

What Evidence Can Help Me Prove A Claim After Confidential Information Was Sent To The Wrong Email Address?

If you are looking to claim compensation because your confidential information has been sent to the wrong email address, then you will need evidence to support your case. Your case will need to prove that:

  • A data breach has occurred that involved your personal information.
  • It has harmed you financially and/or psychologically.
  • The data breach occurred due to an organisation’s actions on inactions.

If your personal data was compromised in an email that was sent to the wrong person, some examples of the evidence you could collect to help support your case include:

  • A confirmation letter or email from the organisation responsible confirming that your personal data was breached.
  • Any correspondence with the responsible organisation regarding what personal data has been breached.
  • Evidence of any psychological harm you have suffered, such as a copy of your medical records confirming any diagnosis you have received.
  • Evidence of any financial losses you have suffered, such as a copy of your debit card or bank statements.

To learn more about when you could be eligible to make a claim for a UK GDPR breach that compromised your personal data, you can contact our advisors.

Compensation For A Data Protection Breach

If you have a valid claim for a compromise of your personal data, you may wish to see some data breach compensation examples. In this section, we are going to examine how compensation for a data protection breach could be awarded.

You could be compensated for non-material damage and material damage. Non-material damage is claimed if you suffered harm to your mental health because of the compromise of your personal data.

Material damage compensates for any financial losses you suffered because of the breach of your personal data. For example, if a criminal was able to access your bank account and take out credit in your name. However, you will be expected to present evidence, such as bank or credit card statements or a credit report.

There are some cases you should be aware of if you are seeking a data breach compensation amount. In the Vidal-Hall and others v. Google Inc. (2015), the Court of Appeal ruled that you can claim for any psychological suffering caused by the data breach without showing that you also suffered financial loss. After this ruling, you can claim for both material and non-material damage or either.

In another claim from 2015, the Gulati and Others v. MGN Limited case, it was ruled that a psychiatric injury in data breach claims can be valued in the same way as personal injury claims. We look at this next.

Non-Material Damage

As stated above, your non-material damage will be assigned value in the same way as psychological harm in a personal injury claim. When legal professionals are assigning value in personal injury claims, they use the Judicial College Guidelines (JCG) to help them. The JCG is a document that lists injuries with compensation brackets.

We’ve included psychiatric damage from the latest update in our table below. It should be noted that every claim is different, therefore, our table cannot give you the exact value of your claim. Also note that the first entry is an estimated figure that is not based on the JCG.

Type of HarmSeverityGuideline Amount
Very Severe Psychological Harm With Material DamageVery SevereUp to £250,000 +
General Psychiatric HarmSevere (a)£66,920 to £141,240
Moderately Severe (b)£23,270 to £66,920
Moderate (c)£7,150 to £23,270
Less Severe (d)£1,880 to £7,150
PTSDSevere (a)£73,050 to £122,850
Moderately Severe (b)£28,250 to £73,050
Moderate (c)£9,980 to £28,250
Less Severe (d)£4,820 to £9,980

If you would like any help with our compensation calculator or have any questions about what could be included in your claim, please call our advisors for free legal advice.

Contact Us To Start A No Win No Fee Claim

If you are seeking compensation because confidential information was sent in an email to the wrong person, then a solicitor who has experience with data breach claims can help you navigate the process.

Here at Legal Expert, we can potentially provide a data breach solicitor to handle your case if it’s valid. All our solicitors work under No Win No Fee agreements. Getting support from a solicitor under such an agreement can provide several benefits.

If you start a claim with a No Win No Fee data breach solicitor, you could be offered a Conditional Fee Agreement. This means that you will not pay any upfront legal fees. Instead, you will normally only pay your solicitor for their service on the condition that your data breach claim is successful.

The success fee is paid out of your compensation payment, so you won’t have to worry about finding the funds upfront. You normally don’t need to pay your solicitor’s legal fees if the claim goes ahead but is unsuccessful.

So, if you are looking for advice should your personal confidential information be sent to the wrong email address in the UK, contact Legal Expert today. To learn more about making a No Win No Fee claim, please read our online guide. On the other hand:

  • Dial 0800 073 8804 to speak to a claims advisor
  • Use the online claims contact form to write to us
  • Or ask Legal Expert a question using the Live Support widget

Related Articles For Confidential Information Sent To The Wrong Email Address

This information may be useful if you wish to learn more about data protection.

We appreciate you taking the time to read our guide on what to do if your confidential information was sent to the wrong email address.

Green Party Data Breach – Could I Claim Compensation

Green Party Data Breach - Could I Claim Compensation

Green Party Data Breach – Could I Claim Compensation

In this guide we look at what your next steps could potentially be should there ever be a Green Party data breach and it includes your personal data. Learn what a data breach is with this guide. 

We examine the legislation that governs data protection. Additionally, we look at what rights that you, as a data subject, are granted over your personal data. 

We explore examples of how data breaches could occur. Also, we look at statistics of data security incidents that have occurred in local and central government as well as in the political sector. 

In addition, we look at examples of personal data and special category data that could be compromised. We explore steps you could take following a data breach as well as looking at what impact a data breach could have on your life. 

To conclude this guide we explore the possibility of hiring a No Win No Fee solicitor should you wish to claim data breach compensation. Should a Green Party data breach occur that has meant your personal data is at risk and this has caused you financial or mental harm, you can contact our advisors for free legal advice. 

 To get in touch:

Select A Section

  1. What Could A Green Party Data Breach Be?
  2. How Could A Green Party Data Breach Occur?
  3. What Data Could Be Involved In A Political Party Data Breach?
  4. What Should I Do If A Green Party Data Breach Occurs?
  5. What Could You Claim For A Personal Data Breach?
  6. Contact Us To Make A No Win No Fee Claim

What Could A Green Party Data Breach Be?

A personal data breach is defined as a security incident. If one were to occur your personal data could be destroyed, lost, altered, disclosed or be accessed without authorisation. To help prevent this from occurring, two pieces of legislation are in place; the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018

Under the data protection laws:

  • More rights are given to data subjects over the processing of their data. 
  • Data controllers are held accountable should a breach occur due to their failure to adhere to the legislation. 
  • Sets out specific data breach compensation eligibility criteria.  

Article 82 of the UK GDPR sets out the criteria you must meet in order to claim compensation.  You must:

  • Prove the breach occurred because the organisation failed to comply with legislation. 
  • The data breach included your personal data or special category data. 
  • You experienced damages, either financially or mentally, due to the data breach. 

Should a Green Party data breach occur, you might have some questions. Our data breach advisors can answer your questions 24 hours per day, 7 days per week. 

How Could A Green Party Data Breach Occur?

The breaching of personal data can be accidental or deliberate. Very often, human error could lead to a data breach. Enployees of organisations, for example, could send out documents containing personal data to the wrong email address, wrong fax number or incorrect postal address. To avoid this, organisations should provide data protection training.

If data awareness training is not provided to employees, personal data could be lost or a device stolen. It is vital that data controllers, organisations that state the purpose for data collection and how this data will be processed, train staff members on the importance of data security. 

In addition, staff who have access to digitally stored personal data should have the appropriate training. A data breach could occur due to the failure to use blind carbon copy (BCC) while sending multiple emails. BCC conceals email addresses when sending multiple emails, whereas CC allows for the email addresses to be seen by other recipients. 

Cybersecurity training should also be provided. This could help avoid phishing scams. Additionally, IT systems should be updated to avoid hacking attempts. 

If you have further questions that this guide does not answer about the steps that could be taken should a Green Party data breach occur, contact our advisors for free legal advice. 

Public Body Data Security Incident Statistics 

The Information Commissioner’s Office (ICO) was set up to help protect data security, confidentiality and integrity. As part of their role, they monitor reported data security incident trends. The graph below contains reported non-cyber security incidents in central government, local government and the political sector for the fourth quarter of the financial year 2021/22. 

Non-cyber security incidents in central government, local government and political sectors in Q4 2021/22

Non-cyber security incidents in central government, local government and political sectors in Q4 2021/22

What Data Could Be Involved In A Political Party Data Breach?

What information could a data controller hold about you, the data subject? Not all data that is processed about a data subject is protected under data protection law. In the realm of data breaches, personal data and a type of personal data that is considered to be of a sensitive nature are both protected under the UK GDPR.

Personal data is information that could be used to identify you. Additional protections are given to special category data. This is due to its sensitive nature. 

Personal data includes:

  • Name
  • Address
  • Email address
  • Phone number
  • Bank account number and sort code
  • National insurance number

Special category data includes:

Our advisors can discuss what personal data and special category data is further should you experience a data breach. 

What Should I Do If A Green Party Data Breach Occurs?

If a data breach were to occur that infringes on your data protection rights, an organisation should alert you without undue delay. Also, you should be told what personal data was included in the breach. You may need to take additional steps to protect your data, such as changing passwords. Once notified of a breach, you could ask how it occurred and what is being done to put it right. 

If you have reason to suspect your data was included in a breach, such as receiving nuisance phone calls, you could report this to the organisation you think may be responsible. If you are unsatisfied with the response or they fail to respond at all, you could report this to the ICO. The ICO cannot award you compensation, but they could decide to open up an investigation. The report that they compile could be used if you go on to have a valid personal data breach claim. 

You must submit evidence in data breach claims. This is to prove an organisation failed to comply with data protection legislation. You must also prove that the breach compromised your personal data. Communications with the organisation or the ICO could support your claim.  

If by the time you reach the end of this guide and still have unanswered questions on what you could do after a potential Green Party data breach, call our advisors. 

What Could You Claim For A Personal Data Breach?

Two heads could make up your data breach compensation. Material damage recovers your financial losses, whereas non-material damage compensates you for any emotional distress. 

Prior to the Vidal-Hall and others v. Google Inc. (2015) Court of Appeal case, you could only claim non-material damage if you claimed for financial loss. This case set a precedent however. For you, this means that you can claim for mental injuries alone, such as post traumatic stress disorder (PTSD). 

Material Damage In Data Breach Claims

Under material damage, you could recover your financial losses should a data breach result in them. You will need to submit evidence of your losses, such as a bank statement. 

Non-material Damage In Data Breach Claims

If you suffer stress or anxiety due to a data breach, or an exacerbation of a pre-existing condition, you could claim non-material damage. 

To help assign value to the non-matreial damage head of your claim, legal professionals may use a document titled the Judicial College Guidelines (JCG). Injuries are listed alongside compensation brackets. We’ve included examples of figures given for psychological injuries from the 16th edition, published in April 2022 below. 

Edit
Injury Severity Potential Compensation Notes
PTSD Severe (a) £59,860 to £100,670 A permanent inability to function at the same level as before the trauma in all areas of life is experienced.
PTSD Moderately severe (b) £23,150 to £59,860 A significant disability lasting into the foreseeable future is experienced. However, some recovery may be possible with the help of a professional.
PTSD Moderate (c) £8,180 to £23,150 A recovery largely takes place, however, some symptoms that are not grossly disabling may persist.
PTSD Less severe (d) £3,950 to £8,180 Virtually a full recovery is made, however, some minor symptoms may persist beyond 1-2 years.
Psychiatric damage Severe (a) £54,830 to £115,730 The ability to cope with life and in relationships is impacted. Severe psychiatric damage comes with a very poor prognosis.
Psychiatric damage Moderately severe (b) £19,070 to £54,830 Significant problems coping with life and with relationships occur, but the prognosis is more optimistic than seen in severe psychiatric damage claims.
Psychiatric damage Moderate (c) £5,860 to £19,070 Problems with life and in relationships are experienced, but the claimant experiences improvements to their mental state. The prognosis is good.
Psychiatric damage Less severe (d) £1,540 to £5,860 A period of disability occurs. It impacts day-to-day living and sleep.

To discuss how damages are awarded in data breach claims further, contact our advisors. 

Contact Us To Make A No Win No Fee Claim

Hiring a data breach solicitor should your personal data be breached could ensure that your claim is filed in full. Once a claim is settled, you cannot go back to it, even if new damages become apparent. 

You could hire a No Win No Fee solicitor for your data breach claim. They could provide their services using a Conditional Fee Agreement (CFA). A No Win No Fee data breach solicitor does not charge an upfront solicitors fee. A success fee will be taken from your award should your claim prove successful. Legal caps apply. You will not pay a success fee if your claim is not successful. 

If a Green Party data breach should occur and you need advice, you can get in touch with our data breach claims team. They can discuss the next steps you could take. 

To get in touch:

 Related Articles

The following links might prove helpful:

Further data breach guides:

Illness Data Breach Compensation Claims Guide

Illness Data Breach Compensation Claims Guide

Illness Data Breach Compensation Claims Guide

This article examines illness data breach compensation. Throughout this guide, we look at how your health data could be involved in a data breach. Additionally, we look at what makes a data breach eligible for a claim. 

Firstly, we define what a data breach is while looking at examples of how illness data could be breached. We also investigate what legislation protects data security in addition to looking at what protections it offers. 

Personal data as well as special category data may be included in a health data breach. We examine what personal data and special category data is using examples that could be included in a breach of medical information. 

In addition, you may be eligible to claim for illness data breach compensation. Certain claiming criteria applies. We examine what evidence you could present to support your claim. 

While reading this guide, you may have some questions about your potential medical data breach claim. Our advisors are here to help. 

Contact our team today:

Select A Section

  1. What Is An Illness Data Breach Compensation Claim?
  2. Types Of Illness Information
  3. What Evidence Could Help Me Claim Compensation?
  4. Examples Of Illness Data Breaches
  5. Illness Data Breach Compensation Amounts UK
  6. What Are The Benefits Of Claiming With A No Win No Fee Solicitor?

What Is An Illness Data Breach Compensation Claim?

In order to claim illness data breach compensation, you might like to know what a data breach is and what legislation governs data protection. Data protection legislation does not protect all data. It only seeks to keep personal data safe. This means that in order to have a valid claim personal data must be involved in the breach. Health data can be considered a type of personal data known as special category data, such information is given even more protection. 

A personal data breach is a security incident involving your personal data. This means that your personal data could have been breached, such as through unauthorised access to your medical records, or destroyed or lost, such as through loss of your medical records. Additionally, your personal data could be altered during a data breach. 

You might ask ‘what does the legislation say about UK data breach compensation’? Two key pieces of legislation govern data protection. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA)

This legislation:

  • Grants data subjects more rights over their personal data. 
  • Holds data controllers responsible for compliance. The controller is typically an organisation that collects your personal data. They decide the purpose behind processing as well as how this data will be processed. A data processor may be appointed to act on their behalf. 
  • Sets the specific claiming criteria that you must meet to file for a personal data breach compensation claim. We’ll cover this later in this article. 

Contact our dedicated data breach advisors if your patient data was breached. 

Statistics On Data Breaches In The Healthcare Sector

The Information Commissioner’s Office (ICO) is an independent authority on data security. Their role includes collecting information on reported data security incident trends in all sectors. The health sector, during the fourth financial quarter of 2021/22, reported the following data security incidents. 

illness data breach compensation fourth quarter 2021/22 non-cyber incidents reported in health

fourth quarter 2021/22 non-cyber incidents reported in health

Types Of Illness Information

If you would like to make a claim for illness data breach compensation, you might be interested to learn what personal information is protected. Personal data is information that could identify you as a subject. It includes your name and address, as well as other data such as your bank sort code and account number

Personal data that is particularly sensitive is given additional protections. This includes your medical data, such as any medical conditions you suffer from. 

Call us today for free advice  from our data breach advisors. 

What Evidence Could Help Me Claim Compensation?

To claim illness data breach compensation, you must prove that you meet the eligibility requirements as set out in Article 82 of the UK GDPR. These include:

  • Proving that the organisation failed to comply with data protection legislation. 
  • The breach included your personal data. 
  • You must also prove you suffered due to the data breach. This includes experiencing financial loss or an injury to your mental health, such as experiencing stress

Evidence must be included to support your claim. You may find that a data breach solicitor could assist with acquiring supporting evidence. 

Following a data breach, an organisation should alert you without undue delay. That’s if the data breach could infringe on your rights. They may inform you via email or letter. Either of these could prove that your personal data was included in a data breach. 

If you have reason to believe a data breach occurred, such as receiving spam text messages, you could report your concerns to the organisation. If they do not respond or do so in an unsatisfactory manner, you could then report this to the ICO. Communications between yourself and the ICO if they confirm a data breach occurred could support a claim for illness data breach compensation. 

Additionally, you will require evidence of your financial losses if you experienced any. This could include a credit check or bank statements. 

As well as evidence of the breach itself and the financial impact, if you experienced a mental health injury, such as anxiety due to the data breach, you will also need to prove this. Your medical records could be submitted. 

To discuss what evidence could be submitted to support a claim for illness data breach compensation, contact our team of data breach advisors. 

Examples Of Illness Data Breaches

In 2012, the ICO fined the Central London Community Healthcare NHS Trust £90,000 for a data breach. The personal data, including the diagnoses of 59 patients were faxed to a member of the public over the course of three months. The ICO found that the trust had insufficient checks in place. 

Source: https://www.bbc.co.uk/news/uk-england-london-18145350 

Illness Data Breach Compensation Amounts UK

You may ask, ‘how much compensation will I get for a data breach’?

Recovering your financial losses incurred as a result of the data breach is called the ‘material damage’ head of your claim. Your medical illnesses are claimed for under the ‘non-material damage’ head of your claim. 

You may not have experienced financial loss, or may not wish to claim under the material damage head of your claim. Due to the Vidal-Hall and Others v. Google Inc. (2015) case heard in the Court of Appeal you can claim for a mental health injury alone. Before this case was settled, you would have to claim for non-material damage at the same time as you claimed for material damage. 

We have put together the table below providing figures for mental illness from the latest edition of the Judicial College Guidelines (JCG) released in spring 2022. The JCG is a document that provides legal professionals with a way to assign potential value to claims. In it is a listing of injuries sitting along with compensation brackets. 

Edit
Mental Health Condition and Severity Compensation Brackets Details
Severe Level Mental Illness (a) £54,830 to £115,730 Coping with daily life is difficult and the prognosis is very poor.
Moderately Severe Level Mental Illness (b) £19,070 to £54,830 Problems occur coping with daily life, but the future is more optimistic than the more severe level mental illness.
Moderate Level Mental Illness (c) £5,860 to £19,070 Problems have occured coping with daily life, but improvements occurred.
Less Severe Level Mental Illness (d) £1,540 to £5,860 Daily life is impacted by a mental disability. This is short lasting.
Severe Level Stress Disorder (a) £59,860 to £100,670 This is a permanent injury that affects all areas of life preventing a return to pre-trauma levels of function.
Moderately Severe Level Stress Disorder (b) £23,150 to £59,860 A professional may help the claimant recover from some symptoms, but a significant disability is present and the symptoms will last into the foreseeable future.
Moderate Level Stress Disorder (c) £8,180 to £23,150 Some symptoms last beyond a recovery, but they are not disabling.
Less Severe Level Stress Disorder (d) £3,950 to £8,180 A virtual recovery occurs within two years.

Speak to our data breach claims team for an estimate of your non-material damage. 

What Are The Benefits Of Claiming With A No Win No Fee Solicitor?

You may wish to hire the services of a data breach solicitor. You could hire a No Win No Fee lawyer using a Conditional Fee Agreement (CFA) for your data breach claim. 

This means that you won’t pay for your solicitor’s services upfront. Their payment is taken from the awards of successful claims. This is called a success fee, and it is legally capped. If your claim does not succeed, you won’t have to pay for your solicitor’s services. 

Our data breach advisors can answer any questions you may have about the breach of your health data. If you wish to proceed to make a claim for illness data breach compensation, you could be put in touch with a specialist data breach lawyer today. 

Contact our team today:

External resource links:

Related Healthcare Data Breach Articles