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.

Counsellor Data Breach Compensation Claims

By Danielle Jordan. Last Updated March 2024. Have you been subjected to a counsellor data breach?  Are you looking to make a claim for compensation? In this guide, we are providing an overview of the types of medical/health data that could be affected by a data breach. It also has a focus on the information that is collected and provided to a counsellor, and it could include sensitive personal and private patient data. 

This article also has more information on the roles of the UK General Data Protection Regulation (UK GDPR), alongside the Information Commissioner’s Office (ICO) as well as how a No Win No Fee arrangement could be beneficial to you. 

Get in touch with us today to start your data breach claim 

Counsellor Data Breach Compensation Claims

Counsellor Data Breach Compensation Claims

Select A Section

  1. What Is A Counsellor Data Breach?
  2. What Therapy Data Does The UK GDPR Apply To?
  3. Causes Of Clinical Data Breaches
  4. Types Of Clinical And Healthcare Data
  5. What To Do After A Counsellor Data Breach?
  6. Counsellor Data Breach Compensation Calculator
  7. Start Your Counsellor Data Breach Claim

What Is A Counsellor Data Breach?

A counsellor will collect a lot of personal and sensitive data about you. This is so they can provide you with the correct service. Very often they will ask for your name, address, telephone number, email and DOB. This is all considered identifiable information. When they begin to collect data or information about your health and mental wellbeing this is known under the UK GDPR as special category data and needs added protection when being processed.

In a medical data breach personal or sensitive information will have been lost, stolen, destroyed, disclosed or accessed without authorisation through a security incident. When personal or sensitive data is exposed in such a way through the failure of those that should have been protecting it the data subject could pursue a personal data breach claim. 

The information being processed belongs to a data subject and data controllers are those that decide why and how the data is collected – such as a councillor. Data breaches can happen through a cyber-attack or human error, both could lead to information being leaked or exposed to unauthorised people. Impacting the financial and psychological health of those affected. 

It is important to note that there are time limits for making a claim for a data breach. You have 6 years to start the proceedings, or 1 year if it involves a public body.

For more information on counsellor data breaches don’t hesitate to contact our advisors, they are happy to help you through the process. They can offer advice and guidance on your claim.

How Medical Data Is Protected By Data Protection Laws

The UK GDPR and the Data Protection Act 2018 fundamentally protect the data rights of data subjects. They say how personal data should be processed and what rights the data subject has over their own information.

Moreover, the UK GDPR has a set of data protection principles that all companies need to strictly follow to ensure that the data that has been entrusted to them is protected. These principles are: 

  • Accountability
  • Storage limitation
  • Accuracy
  • Purpose limitation
  • Data minimisation
  • Integrity and confidentiality – Security 
  • Lawfulness, fairness and transparency

What Therapy Data Does The UK GDPR Apply To?

The UK GDPR applies to all forms of personal identifiable and sensitive data. Personal data looks at information that can directly identify you such as your name, address, DOB, email etc. Or information that can indirectly identify you when combined with other types of data. 

Health information under the UK GDPR is classed as special category data. Data protection laws state that such information should have added protection when being processed. 

Causes Of Clinical Data Breaches

There could be a number of ways that a data breach could occur. It could be through non-cyber or cyber means, as well as through human error. It is a very common way that a data breach could happen. Human error can be both cyber-related and non-cyber related.

The Information Commissioner’s Office (ICO) is a non-departmental public body that governs data protection laws and rights for citizens. It offers advice and guidance on how to report a data breach as well as how to minimise the risk of a data breach. 

Examples of Data Breaches

The causes and examples of how a data breach could occur: 

  • Loss/ destruction of data – For cases that involve human error, these can be when a staff member loses or destroys a piece of data in a security incident. Therefore it could impact the company and the data subject by affecting the day-to-day function of the company.
  • Phishing Attacks – By clicking on unfamiliar links within convincing looking emails could lead to hackers being able to access data and potentially hold it to ransom or sell it to an unauthorised third party. 
  • Wrong Email Address – When an email containing personal data is sent to the wrong recipient.
  • Unauthorised accessIf files have been sent to the wrong person, either by accident or deliberately, if that person doesn’t have the authorisation they shouldn’t have access to the data. 

These are only a few examples of how a data breach can occur. The Cyber Security Breaches Survey 2021 has an overview of the latest statistics for the types of data breaches that impacted all of the different types of business sectors and charities. 

If you require any further advice about your claim, please do not hesitate to contact us for free advice and guidance.

Types Of Clinical And Healthcare Data

There are a few different types of clinical and healthcare data, for example, there is the information that is created by a medical professional:

  • Electronic health records that contain the details of previous or ongoing illnesses
  • Prescriptions 
  • Laboratory tests 

And then, there is the information that is provided by the data subject or the patients, this can include both medical information and personal information, such as: 

  • Full name 
  • Date of birth
  • Phone number 
  • Email addresses

What To Do After A Counsellor Data Breach?

If your personal data has been breached, there are certain steps you could take and evidence you could collect to help support your claim.

Following a UK GDPR breach that compromised your personal data, the organisation should have sent you a letter of notification regarding the breach if they think it could affect your rights and freedoms. They should do this without undue delay. This letter could be used as evidence that your personal data was breached.

After you’ve been informed of a counsellor data breach, you can contact the organisation and request further information about the incident, such as what personal data of yours was compromised. Keep any correspondence with the organisation, as this could be sued as evidence in your claim.

You could also report a breach to the ICO. If they decide to investigate the breach, their findings could be used as evidence within your claim. However, you must make this report within 3 months of your last meaningful communication with the organisation regarding the breach.

You could also gather evidence to prove any mental or financial harm you have suffered due to the personal data breach. For example, a copy of your medical records stating any psychological injuries you’ve been diagnosed with could help with proving the mental harm you have suffered. A copy of your bank statements could help with proving the financial harm you have suffered.

For more information on the steps you could take and the evidence you could collect to help support your personal data breach compensation claim, you can contact our advisors today.

Counsellor Data Breach Compensation Calculator

Let’s take a look at data breach compensation payouts.

If you have been impacted by a personal data breach, you could be looking to make a claim for compensation. A valid claim will need to demonstrate that personal or sensitive types of data have been breached. The breach will have happened because the data controller never took the appropriate steps to keep the data safe. You must have suffered harm to be able to claim compensation.

This compensation is calculated by using two different types of damages: material and non-material. These damages are calculated based on the severity of your losses as well as how you were affected. 

The Judicial College provides guideline compensation brackets for common physical and psychological injuries. For the examples of the types of mental injuries you could suffer as well as the various compensation amounts, see the table listed below:

Edit
Types of Mental Anguish How Much? Description
Psychiatric Damage Generally: Severe £54,830 to £115,730 With a very poor prognosis, there would be a large effect on day-to-day functioning.
Psychiatric Damage Generally: Moderately Severe £19,070 to £54,830 Significant problems that affect the person’s ability to cope with life, and the prognosis will be more optimistic.
Psychiatric Damage Generally: Less Severe £1,540 to £5,860 This considers the length of time the disability has affected daily activities and sleep.
Post-Traumatic Stress Disorder: Severe £59,860 to £100,670 Cases include permanent effects which prevent a person from working or functioning at any pre-trauma level. All aspects of life are badly affected
Post-Traumatic Stress Disorder: Moderate £8,180 to £23,150 The injured person will have recovered, but there may be some continuing effects, but they aren’t disabling.
Post-Traumatic Stress Disorder: Less Severe £3,950 to £8,180 There will be a virtual recovery in one to two years. Any lasting effects will only be minor.

Material Damages 

Material damages are the financial impact that could occur as a result of a data breach. You would have to assess what financial damages have been impacted as well as assess the future impact the breach may have on your financial situation. Types of financial aspects that could be affected: 

Non-Material Damages 

Non-material damages focus on the psychological effects that may have been inflicted on you as a result of a breach.

Examples of psychological damage include: 

  • Anxiety 
  • Depression
  • PTSD 

In order to make a claim for non-material damages, you need to be medically assessed. This assessment is to determine the severity of the psychological damages, as well as the impact they have on your life. It will be carried out by an independent medical professional, who would make a report on their findings. 

After the Court of Appeal heard Vidal-Hall and others v Google Inc (2015), the Court determined that you could claim non-material damages after a personal data breach without having suffered any financial losses. You can apply for non-material damages by themselves. This means that you don’t have to have suffered any financial losses in order to make a claim.

For any more information on how you could be compensated for a data breach, don’t hesitate to contact our advisors.

Start Your Counsellor Data Breach Claim

When you start your data breach claim, you may want to hire legal representation using a No Win No Fee agreement. 

A No Win No Fee agreement is a type of Conditional Fee Agreement, it is an arrangement between you and your solicitor. For example, if your claim is successful then a success fee will be taken. This fee is capped by law, so you won’t be left out of pocket. On the other hand, if your claim is unsuccessful, then you wouldn’t have to pay a success fee. 

Your solicitor will discuss all of this with you, so there won’t be any surprises during the claims process.

To answer any burning questions you may have about counsellor data breaches, our advisors are available 24/7 to offer answers, advice and guidance. You can contact us

  • By telephone, on 0800 073 8804
  • Via our live chat feature 
  • On our website

Further Healthcare Data Breach Resources

Here are some additional resources that could be of interest to you. 

The ICO has a large range of information on what you can do if you have been involved in a data breach. With articles on how to minimise the risk of a data breach, as well as how to make a complaint.

We have guides on wrong email address data breach claims.

Also, articles on how to report a data breach

We have guides and articles on data breaches that involve lost or stolen devices.

If you require any further advice about your claim, please do not hesitate to contact us for free advice and guidance.

Guide By Welsh

Edited By Melissa.

Psychiatrist Data Breach Compensation Claims

By Danielle Jordan. Last Updated March 2024. Have you suffered a psychiatrist data breach? Was your medical conditions involved in a data breach? Are you looking to make a claim for compensation?

In this guide, we are going to be looking at a data breach that involves the information given to a psychiatrist. This breach of data could include sensitive personal and private information and patient data. 

This guide also has information on the roles of the UK General Data Protection Regulation (UK GDPR), alongside the Information Commissioner’s Office (ICO) as well as the purpose of a No Win No Fee arrangement, and how it could be beneficial to you. 

Get in touch with us today to start your data breach compensation claim 

Psychiatrist Data Breach Compensation Claims

Psychiatrist Data Breach Compensation Claims

Select A Section

  1. What Is A Psychiatrist Data Breach?
  2. What Healthcare Information Is Protected By Data Laws?
  3. Possible Causes Of Healthcare Data Breaches
  4. How Could A Psychiatrist Data Breach Happen?
  5. How To Claim For A Psychiatrist Data Breach
  6. Psychiatrist Data Breach Compensation Calculator
  7. Begin Your Psychiatrist Data Breach Claim

What Is A Psychiatrist Data Breach?

A psychiatrist may collect lots of your personal information such as your name, address, DOB and other identifiable data. They may also document sensitive or special category data in relation to your mental health issues. All this personal data is protected by data security laws. So, if this data is breached because the psychiatrist failed under UK data protection laws to keep it confidential then you may be eligible to make a psychiatrist data breach claim.

Furthermore, it is important to note that there are time limits for starting a claim following a data breach. You have 6 years to start the proceedings, or 1 year if it involves a public body.

For more information on psychiatrist data breaches, don’t hesitate to contact our advisors. Furthermore, they are happy to help you through the process. They can offer advice and guidance on your claim.

Is Medical Information Covered By The UK GDPR?

Medical information is covered by the UK GDPR, along with all other personal and sensitive or special category data. The UK GDPR has a set of data protection principles that all data controllers, those who say how and why personal data is processed, need to follow to ensure that the data they collect is protected. It also makes use that the information is used fairly, lawfully and transparently. These principles are: 

  • Purpose limitation
  • Data minimisation
  • Accountability
  • Storage limitation
  • Integrity and confidentiality 
  • Accuracy 
  • Lawfulness, fairness and transparency

If a company or organisation fails to comply with these principles, it could be fined by the ICO. 

What Healthcare Information Is Protected By Data Laws?

Healthcare information is protected by the UK GDPR and the Data Protection Act 2018, in all forms. Health information is classed as special category data which means that it needs extra protection when being processed.  

There are 6 lawful bases that mean personal data can be processed: 

Consent: consent has been given for processing by the individual.

Contract: necessary for fulfilling a contract

Legal obligation: the processing is necessary for adhering to the law.

Vital interests: needed to protect someone’s life.

Public task: needed for the public’s best interest.

Legitimate interests: it is necessary for your legitimate interests unless there is reason to protect the individual’s personal data.

Possible Causes Of Healthcare Data Breaches

There are a number of ways a data breach can happen. It could be through either cyber or non-cyber means, as well as through human error

The Information Commissioner’s Office (ICO) is a non-departmental public body that governs data protection laws and rights for UK citizens. It offers advice and guidance on how to report a data breach as well as how to minimise the risk of a data breach. 

The causes and examples of how a data breach could occur: 

  • Unauthorised access If files have been sent to the wrong person, either by accident or deliberately, if that person doesn’t have the authorisation they shouldn’t have access to the data.
  • Phishing Attacks – By clicking on unfamiliar links within emails could lead to hackers being able to access data and potentially hold it to ransom or sell it. 
  • Loss/destruction of data – For cases that involve human error, these can be when a staff member loses or destroys a piece of data in a security incident. Either way, it could have a larger impact on the organisation or the data subject. 
  • Email Data Breach – If the company or organisation incorrectly inputs an email address and your personal data is sent to the wrong email.

The Cyber Security Breaches Survey 2021 has an overview of the latest statistics for the types of data breaches that have impacted the different sectors of business, schools and charities. 

To be eligible to make a psychiatrist data breach claim you must be able to prove that your personal data or sensitive data was involved in a breach. You need to be able to demonstrate that the breach happened because of failure to protect this information correctly and also that you suffered harm as a consequence.

If you require any further information or advice on the causes of a data breach, then please don’t hesitate to contact us for free advice and guidance. 

How Could A Psychiatrist Data Breach Happen?

There are various ways a psychiatrist data breach could occur. Some examples may include:

  • A therapy provider fails to update its cybersecurity systems, resulting in your personal data being stolen during a cyber attack.
  • A therapist’s office fails to properly lock away or secure paper files containing your personal data, resulting in them being accessed by an unauthorised person.
  • Your therapist verbally discloses your personal data to an unauthorised person without a lawful basis for doing so.

Remember, in order to make a claim for a psychotherapy data breach that compromised your personal data, you must be able to prove that the breach was caused by the organisation’s failings, and this caused you to suffer financially or mentally.

If you have any questions about personal data breach compensation claims, please get in touch with one of the advisors from our team.

How To Claim For A Psychiatrist Data Breach

You must have suffered harm to make a personal data breach claim. This could be financial harm following a breach that exposed your credit card details, or mental harm, such as suffering anxiety or PTSD.

If you suspect that your personal information has been involved in a data breach, you can contact the data controller. They should get back in touch with you and inform you whether this is the case and provide you with the necessary information. 

However, if the data controller doesn’t get back to you or the response is unsatisfactory, you could file a complaint with the ICO. They cannot provide compensation, but they may open an official investigation into the breach.

Psychiatrist Data Breach Compensation Calculator

The compensation calculator table below includes compensation brackets taken from a publication the legal system uses to value injuries and mental harm. However, it only looks at one type of damage you could be awarded in a successful claim. There are two types of compensation you could make a claim for: material damages and non-material damages. 

The Judicial College Guidelines (JCG) cover both physical and psychological injuries. However, the psychological injuries can overlap. The table below holds examples of the different types of mental health issues:

Edit
Types of Mental Health Issues How Much? Description
Psychiatric Damage Generally: Severe £54,830 to £115,730 With a very poor prognosis, there would be a large effect on day-to-day functioning.
Psychiatric Damage Generally: Moderately Severe £19,070 to £54,830 Significant problems that affect the person’s ability to cope with life.
Psychiatric Damage Generally: Less Severe £1,540 to £5,860 The length of time the disability has affected daily activities and sleep.
Post-Traumatic Stress Disorder: Severe £59,860 to £100,670 Permanent effects which prevent a person from working or functioning at any pre-trauma level, all areas of life are impacted badly.
Post-Traumatic Stress Disorder: Moderate £8,180 to £23,150 The injured person will have recovered, but there may be some continuing effects, but they aren’t disabling.
Post-Traumatic Stress Disorder: Less Severe £3,950 to £8,180 A full recovery within two years and only having minor symptoms persisting over a longer period

Material Damages

Material damages is the term used for the financial losses you could have suffered as a result of a data breach. For example, this could include:

  • Fraudulent purchases
  • Debit/Credit purchases
  • Credit ratings decreased 

Non-Material Damages 

Non-material damages, on the other hand, are focused on the psychological effects that may have been caused by a data breach. The psychological damages could include:

  • PTSD
  • Anxiety disorders 
  • Depression 

In order to claim for non-material damages, you’ll be required to undergo a psychological/medical assessment. This assessment will be carried out by an independent medical professional and is to determine whether the psychological damage that you have suffered is having an impact on your life, along with the level of severity. 

In previous cases, you could only claim for non-material damages if you also claimed for material damages. However, after the Court of Appeal heard Vidal-Hall and others v Google Inc (2015), the court came to the decision that you could claim non-material damages without having to claim for material damages as well. 

For any further information on the types of damages, you could claim for a psychiatrist data breach, then don’t hesitate to contact us. Our advisors are on hand to help you with any questions or concerns you may have about the process. 

Begin Your Psychiatrist Data Breach Claim

It would be beneficial to obtain legal advice during the claims process, it could help clear any confusion. Going through the process of making a claim can be daunting, but with the help of our advisors and solicitors, could smooth out the process.

Conditional Fee Agreements (CFAs) are a type of No Win No Fee arrangement. It goes into detail about the terms of the agreement and what you can do. 

In short, it means that if your claim is successful, then you would pay a success fee to your solicitor. This success fee is capped by law, so you won’t be left out of pocket. However, if your claim is unsuccessful then you wouldn’t have to pay the success fee. 

If you are still concerned about whether you are eligible to make a claim for compensation, then contact us through: 

Our advisors are available to assist you with any questions you may have or clarification you may need. 

Health Data Breach Resources

Here is a collection of resources that could be useful following a data breach:  

Additionally, the ICO has guides and information on what you can do if a data breach occurs:

For any further information on the content of this guide on a psychiatrist data breach, please contact us through the live chat feature or our website. 

Guide By Welsh

Edited By Melissa.

How To Make A Data Breach Claim Against The Army

This guide will explain what could justify a valid data breach claim against the Army. The British Army often collects personal data from its personnel and stakeholders to operate. Under the UK General Data Protection Regulation (UK GDPR), organisations that collect, store or process personal data must protect it.

Who Can An Army Data Breach Affect?

  • Army employees and personnel
  • Army reserves
  • Civilian contractors
  • Anyone else the Army may have a working relationship with
Army data breach compensation claims guide

A guide on what a valid data breach claim against the Army could look like

You may be eligible to claim compensation if a data breach has caused you emotional distress or financial loss.

Why not get in touch with Legal Expert today? You can speak to a claims advisor. IUf you have a strong and valid claim, we can also connect you with a No Win No Fee solicitor to handle your claim.

Contact us today:

Select A Section

  1. What Is A Data Breach Claim Against The Army?
  2. What Is The Employment Practice Code?
  3. Does The UK GDPR Apply To The Army?
  4. Has The Army Breached The UK GDPR?
  5. Army Data Breach: Claim Calculator
  6. Could You Begin A Data Breach Claim Against The Army?

What Is A Data Breach Claim Against The Army?

A personal data breach is a security incident that compromises personal data protection. It is the unlawful or accidental loss, destruction, disclosure, alteration or access to personal data.

Personal data/information is any information that can be used to identify you. It could include your name and address, for example.

An employee data breach can occur, whereby the organisation breaches the data privacy of its staff. Or the organisation could breach personal data which belongs to other stakeholders. Importantly, the Information Commissioner’s Office (ICO) is an independent body that tries to prevent this from happening by enforcing data protection laws.

You could make a valid data breach claim against the Army if you can prove that you suffered financial loss or emotional harm due to the breach, or both.

To make a personal data breach claim, you also need to show that the organisation’s wrongful conduct led to the breach. For example, an organisation may provide substandard online security, meaning that hackers were able to access their systems and your personal data.

What Is The Employment Practice Code?

Organisations should prevent an employee data breach by complying with the ICO’s Employment Practice Code. The Code explains how employers can handle employee data that complies with the UK’s data protection laws. The Code explains that employers must show extra care towards sensitive data. What’s more, in the workplace, data protection covers:

  • Applicants (successful and unsuccessful)
  • Former applicants (successful and unsuccessful)
  • Employees (current and former)
  • Agency staff (current and former)
  • Casual staff (current and former)
  • Contract staff (current and former)

Does The UK GDPR Apply To The Army?

If an organisation breaches the UK GDPR, this isn’t necessarily a data breach. However, a breach of the UK GDPR could lead to a personal data breach.

The Data Protection Act 2018 sits alongside the UK GDPR. this legislation requires organisations, including the British Army, to protect the data they collect, process and store. Subsequently, organisations should train staff to protect personal data. And they should have adequate security measures to protect personal data.

Has The Army Breached The UK GDPR?

Unfortunately, there have been data breaches. Sadly in 2021, the Ministry of Defence allegedly put the lives of more than 250 Afghan interpreters at risk. The email addresses of 250 Afghan interpreters working for British forces were exposed in an email data breach. There wasn’t a use of Bcc on the email.

Source URL: www.theguardian.com/uk-news/2021/sep/20/mod-data-breach-puts-lives-at-risk-for-more-than-250-afghan-interpreters 

Army Data Breach: Claim Calculator

There are two types of data breach compensation you could receive if your data breach claim is successful:

  • Material damages compensate for any financial losses that the data breach caused. For example, if criminals used your breached data for fraudulent purposes, you may be eligible to claim back these costs.
  • Non-material damages are compensation for emotional or mental distress following a data breach. Moreover, if you experience a psychiatric injury such as depression or PTSD, you could claim for these.

Please use the compensation table below to look up the emotional distress or psychological injuries you suffered. (We have not included material damages in the table).

Edit
Psychiatric Illness About Damages
PTSD – Anxiety Disorder – Severe Cases where there is a reactive psychiatric disorder. Effects may be permanent and prevent the person working or functioning at pre-trauma levels. All parts of the person’s life could have been impacted. £59,860 to £100,670
PTSD – Anxiety Disorder – Moderately Severe These injuries are distinct from the above as the person has a better prognosis for recovering. The effects could still cause the person to be significantly disabled for the foreseeable future. £23,150 to £59,860
PTSD – Anxiety Disorder – Moderate Those affected are largely recovered. If there are any effects which continue, these are not grossly disabling. £8,180 to £23,150
PTSD – Anxiety Disorder – Less Severe An almost or virtual full recovery is made between one and two years. Any symptoms persisting will be minor. £3,950 to £8,180
Psychiatric Damage – Severe Damages will take into account factors such as the person’s ability to cope with life such as work, education and the impact on this person’s relationships.

This person has marked difficulty with these factors.

£54,830 to £115,730
Psychiatric Damage – Moderately Severe There will be significant problems with the factors above. There is a more optimistic prognosis than above. £19,070 to £54,830
Psychiatric Damage – Moderate There could be problems with the factors already indicated. By trial there will have been a marked improvement in relation to the above factors. The prognosis is good. £5,860 to £19,070
Psychiatric Damage – Less Severe How much could be claimed could depend on how long any disability lasted and by how much it affected daily activities. £1,540 to £5,860

We used compensation guidelines from the Judicial College to create the table above. However, the final settlement successful claimants receive depends on many factors. So you may receive more or less compensation than what we have included in the table. If you call our claims helpline, an advisor can look at your case in-depth and estimate how much compensation you could claim.

Could You Begin A Data Breach Claim Against The Army?

Please contact us today if you have evidence of a valid data breach claim against the Army. An advisor can assess your case. And if you’re owed data breach compensation, we can appoint a skilled lawyer to work on your claim. We can also offer you the option to make a No Win No Fee claim.

Some data breach solicitors charge an upfront solicitor’s fee before they begin work on a claim. The fee might not be refundable if the claim is unsuccessful. So the claimant is taking the financial risk upon themselves.

An alternative is to make a No Win No Fee claim. With a No Win No Fee claim, you pay a success fee if the claim is successful. The success fee is deducted from your compensation payout at a capped rate if you win. You can discuss the rate before you agree to use the services of the solicitor.

If the claim is unsuccessful, you will not pay a success fee. Therefore, there is less risk involved financially when hiring a solicitor.

Please speak to us using the details below:

  • Call us on 0800 073 8804
  • Could you fill out our online claims form?
  • Or use our live support widget to put your questions to an advisor

Armed Forces Compensation Claims

Please contact us today if you wish to learn more about claiming compensation for a data protection breach.

Police Data Breach Compensation Claims Guide

NHS Data Breach Compensation Claims Guide

Crown Prosecution Service Data Breach Compensation Claims Guide

An ICO guide to breaches in data protection

An MoD guide to the rights of data subjects

How to obtain information about yourself, which the MoD holds

If you have proof of a justifiable data breach claim against the Army, why not get in touch?

Written by Chelache

Edited by Victorine

A Guide To CCTV Data Breach Compensation Claims

Last Updated 12th May 2025. This guide will explain whether you could make a claim for a CCTV data breach. When we think of personal data breaches, we may think of security incidents that expose written data. However, personal data is information that identifies a person. So, CCTV footage when capturing and recording may include a data subject’s personal data. Therefore, any organisation that is capturing a data subject’s personal data and information becomes a data controller. A data controller must abide by data protection laws.

You may be eligible to claim compensation if a data controller such as an organisation that uses CCTV that records personal data breaches your personal information because they failed to secure the CCTV footage. If your claim is successful, you will receive up to two heads of claim:

  • Firstly material damages to compensate you for any financial losses associated with the data breach.
  • Secondly, non-material damages will compensate you for any emotional distress or psychological injuries the breach may have caused.

To see if you can begin your data breach claim, don’t hesitate to contact Legal Expert today. An advisor will be happy to assess your case. And we can assign a data breach solicitor to work on your claim if we believe the defendant owes you compensation. Please use the details below to contact us:

Person typing on keyboard while sitting in front of computer monitors

Select A Section

  1. What Is A CCTV Data Breach?
  2. Is CCTV Personal Data?
  3. Capturing Images Of People Outside Your Property Boundary
  4. Workplace CCTV Data Breach Claims
  5. How To Claim For A CCTV Data Breach
  6. CCTV Data Breach Compensation Calculator
  7. How Our Solicitors Can Help You Claim
  8. Begin Your CCTV Data Breach Claim

What Is A CCTV Data Breach?

Personal data is data that identifies an individual. The data could be the person’s name, address or phone number. However, the law considers CCTV footage to be personal data if the footage can identify a person visually or by any other means.

Organisations often use CCTV footage for security purposes. For example, a jewellery shop may use CCTV footage on their grounds to capture any attempted robberies.

A data breach is a security incident that compromises personal data protection. So, a CCTV data breach could happen when a recording that contains personal data is involved in a security incident whereby it is altered, stolen, destroyed, lost, or accessed without authority or disclosed.

Guidelines For Using CCTV

According to Government guidelines as a business that uses CCTV, you must be registered with the Information Commissioner’s Office. These Government guidelines for data protection explain how to use CCTV to comply with the law.

  • Businesses must pay a data protection fee. Some are exempt
  • Businesses must display a sign to inform people that they are recording them.
  • Only authorised personnel can view CCTV footage
  • And businesses must use the CCTV footage for the intended purpose only

Is CCTV Personal Data?

You may be wondering, “Is CCTV personal data?” and in certain cases, the answer is yes. For example, if your image is captured by CCTV at work, the Data Protection Act and UK GDPR both apply. This applies to all CCTV footage captured in businesses, and there are certain rules that businesses must follow if they have a CCTV system installed.

For example, guidance on CCTV in businesses states that businesses must make it known to people that they are being recorded, and they must also control who has access to these recordings. Businesses that use CCTV to monitor their employees must also ensure that they have a legitimate reason for doing so, such as to prevent crime.

However, these laws on CCTV footage do not apply if you have installed a camera in your own home for household reasons, for example, to prevent theft. The rules may apply if you use your system to use CCTV outside your property boundary.

Contact our team today to learn more about claiming for a personal data breach.

Capturing Images Of People Outside Your Property Boundary

Many people use domestic CCTV systems to protect their property. Data protection laws do not apply to you if you have a domestic CCTV system that only films within your property boundary, including your garden. However, if you record outside your property boundary, that captures images of others, you must comply with the UK GDPR and the Data Protection Act 2018.

There are more legal requirements for using CCTV at home. Firstly, if your CCTV captures personal data you become a data controller and must abide by data protection laws. You must operate the CCTV within the remits of the law, upholding the rights of the people you are capturing.

Workplace CCTV Data Breach Claims

A CCTV data breach can also happen at work. For example, an employer may fail to adhere to the UK GDPR or the Data Protection Act which leads to the footage containing personal data of a data subject being involved in a breach. This could happen in different ways including allowing unauthorised persons to view the CCTV footage that contains footage of individuals. Also, CCTV footage that contains personal information could be lost or stolen causing a data breach.

In order to use CCTV, your employer must have a valid basis for doing so such as to protect the property. They must also abide by the UK GDPR and Data Protection Act when it comes to any footage on the CCTV that contains images that could identify an individual.

How To Claim For A CCTV Data Breach

Under the UK General Data Protection Regulation (GDPR), organisations must protect the personal data they collect. So if an organisation allows a CCTV data protection breach or doesn’t do enough to prevent a data breach, the victims may be eligible to claim compensation. This is also on the condition that victims have suffered emotional distress, psychiatric injuries such as stress caused by the data breach or financial losses.

If you have been affected by a data breach involving CCTV footage, please contact Legal Expert to inquire about claiming compensation. If we believe the defendant owes you compensation, we can provide you with a skilled lawyer to handle your claim.

How Long Do I Have To Claim For A CCTV Data Breach?

Now that we’ve discussed the laws on CCTV footage and data protection, we’ll take a look at how long you have to start your claim.

There are time limits involved when making a claim for a personal data breach. Generally, you will have six years to start proceedings. However, if you intend to make a claim against a public body, such as a local council, then this drops to one year. This begins on the date of the breach, or the date you become aware of the breach. 

Our advisors are on hand to help. Through a free consultation, they can answer the question, “Is CCTV personal data?” and offer more information on the UK GDPR, the Data Protection Act, and CCTV footage data breaches. Get in touch today to learn more.

CCTV Data Breach Compensation Calculator

When a successful CCTV data breach claim has been made, you could receive compensation for your material and non-material damage.

Non-material damage refers to any psychological harm you’ve endured due to the personal data breach.

Those valuing your claim for a non-material damage payout may check the Judicial College Guidelines (JCG). This document provides compensation guidelines for numerous physical and psychological injuries. You can view some of these entries from the JCG in the table below. However, do note that the table is a guide only, and the first entry in the table is not included within the JCG.

InjuryLevel Of SeverityAward Brackets
Severe Psychological Harm Plus Financial LossesSevereUp to £200,000+
Psychiatric Damage Severe£66,920 to £141,240
Psychiatric Damage Moderately Severe£23,270 to £66,920
Psychiatric Damage Moderate£7,150 to £23,270
Psychiatric Damage Less Severe£1,880 to £7,150
Post-Traumatic Stress DisorderSevere £73,050 to £122,850
Post-Traumatic Stress DisorderModerately Severe£28,250 to £73,050
Post-Traumatic Stress DisorderModerate£9,980 to £28,250
Post-Traumatic Stress DisorderLess Severe£4,820 to £9,980

Material damage refers to the financial losses you have suffered due to the personal data breach.

For instance, if you’ve taken unpaid time off work to recover from psychological injuries caused by the CCTV data breach, then your loss of earnings could be covered under material damage. Evidence is needed to claim for your financial losses. This could include documents such as wage slips, invoices or bank statements.

Contact our advisors for free today for more advice on how much you could potentially claim if you’ve been impacted by a CCTV data protection breach.

How Our Solicitors Can Help You Claim

At Legal Expert, we have excellent solicitors who can use their expertise to help you claim CCTV data breach compensation. They have undergone extensive training in this field and collectively gained many years of experience helping claimants just like you.

Further, our solicitors and advisors are dedicated to providing an exceptional service. Therefore, you can contact them anytime throughout the claims process with any questions you may have. 

Our solicitors will use their specialist skills to help you claim compensation by:

  • Walking you through each stage of the CCTV data protection claims process
  • Explaining legal key terminology and documentation 
  • Helping you obtain evidence to build your claim 
  • Explaining how much compensation you are entitled to 
  • Helping you apply for interim payments 
  • Setting you up with medical appointments, such as counselling 
  • Negotiating compensation settlements with third parties on your behalf 

At Legal Expert, we want you to obtain the compensation you deserve for the effect the data breach has had on you and your life. Therefore, our solicitors will work tirelessly to ensure the result of your claim is successful. 

If you would like to know more about the role our solicitors will have in your claim, please do not hesitate to get in touch with our helpful advisors. 

Begin Your CCTV Data Breach Claim

To start your claim for a CCTV data breach, please contact Legal Expert today. We can provide you with a knowledgeable data breach solicitor if you are eligible to claim.

You can fund the service of your solicitor with a No Win No Fee agreement. This means a Conditional Fee Agreement may be the contract you sign to formalise this funding basis. So, generally, there will be no upfront solicitors fee.

Instead, you will pay a success fee if your solicitor wins your claim. What’s more, the success fee is deducted from your compensation payout at a legally capped rate.

To see if you can begin your CCTV data protection breach claim, please get in touch with us using the details below:

  • Call us on 0800 073 8804
  • Visit our ‘contact us‘ page online
  • Or, speak to an advisor using our Live Support widget

A CCTV camera attached to a building wall

Learn More About Public And Private Data Breach Claims

If you wish to know more about claiming compensation for a data breach, please look at the resources below:

 

Thank you for reading our guide to CCTV footage data breach claims.

Disciplinary Information Data Breach – Can I Claim Compensation?

By Cat Way. Last Updated 30th October 2024. This guide will provide advice on whether you can claim compensation if your employer is liable for a disciplinary information data breach. It is normal for employers to collect, process, and store their employees’ personal data for operational purposes, including their disciplinary information. However, if an employer breaches your data because they failed to put the required precautions in place to keep it safe, then you may be eligible to claim compensation.

So, contact Legal Expert today if your disciplinary information has been exposed in a data breach that has affected you. An advisor will be happy to speak to you about your ordeal. And, if we can see that your employer owes you compensation, we can provide you with an experienced data breach solicitor to handle your claim.

A data breach solicitor behind a digital diagram with padlocks and the word 'data breach' on the diagram.

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What Is A Disciplinary Information Data Breach

Personal data relates to information that can identify you as a person, such as your name and national insurance number. Whereas special category data is personal data that needs extra protection because it is sensitive, such as biometric data or data revealing your ethnic origin. Disciplinary information can consist of both personal data and special category data, as these records vary depending on the specific incident.

Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), data controllers and processors must safely store, handle, and process personal data. 

Data controllers, often an organisation, decide how and why personal data needs to be processed. Data processors act on the data controller’s behalf to actually process personal data. Data controllers can also be data processors, or they can outsource this task to an external third party. 

If a data controller or processor fails to adhere to the UK GDPR and DPA 2018, this is known as wrongful conduct. Some instances of wrongful conduct could lead to a personal data breach. 

Article 4 of the UK GDPR defines a personal data breach as a breach of security that leads to the accidental or unlawful loss, disclosure of, alteration, destruction of, or unauthorised access to someone’s personal data. 

As such, to make a disciplinary information data breach compensation claim, you must meet each of the criteria found in Article 82 of the UK GDPR:

  1. A data controller or processor failed to comply with the data protection laws. 
  2. There was a personal data breach because of this. 
  3. Because of the personal data breach, you suffered either emotionally and/or financially. 

So, contact us if your personal data has been compromised in a disciplinary information data breach. Our advisors can determine whether you’re eligible for compensation.

Is A Disciplinary Record Personal Data?

Disciplinary information is data about disciplinary action against an employee at work. Including information about disciplinary procedures or disciplinary hearings, the employer took out against the employee. Disciplinary information can be highly sensitive because it reveals private information about the employee’s conduct at work.

When personal or special category data are involved in a data breach caused because those responsible for the information failed to protect it accordingly then a data breach claim may be pursued.

How Common Are Breaches Of Data Privacy?

The Cyber Security Breaches Survey 2021 can help us understand how common data breaches or attacks are in the UK. Over 1,400 businesses and almost 500 charities took part in this survey.

  • Of those surveyed 39% of businesses and 26% of charities reported having a cyber security breach or attack during 2021.
  • Medium-sized businesses were the most likely to suffer a cyber security breach or attack. Indeed, 65% of medium-sized businesses that took part reported a cyber security breach or attacks over this period.
  • Moreover, 51% of high-income charities reported a cyber security breach or attack in 2021.

How To Report A GDPR Breach Involving Disciplinary Data

Normally if an organisation suffers a breach that includes personal information of a data subject that will have an impact on their rights they will inform you without undue delay. Moreover, the employer should report this type of data breach to the ICO within 72 hours.

If you suspect that your personal information held by your employer has been breached at work, you should contact your employer to raise your concerns. Subsequently, your employer should provide advice on whether this is the case and what information has been breached. If you believe your employer is not doing enough to rectify the problem, you can escalate the complaint.

But if you are unsatisfied with your employer’s actions, you can complain to the ICO. However, please contact the Information Commissioner’s Office within three months of the last communication with your employer, as the ICO is unlikely to investigate an older complaint.

What’s more, you can contact us about claiming for a disciplinary information data breach. Please call our claims helpline today to speak with an advisor.

How Can I Prove A Disciplinary Information Data Breach?

In order to make a disciplinary information data breach claim, you must be able to provide proof that the breach not only occurred as a result of wrongful conduct but that it affected your personal data and caused you harm. Some examples of evidence that you could collect include:

  • A letter of notification from the organisation responsible, stating that the breach occurred and that it affected your personal data.
  • Medical records or the results of an independent medical assessment that illustrate how the breach has harmed you emotionally.
  • The findings from an ICO investigation of the breach.
  • Any correspondence with the organisation responsible regarding the data breach.
  • Financial documents that show how the breach has affected your finances, such as payslips, invoices, and bank statements.

One of the benefits of working with a solicitor on your data breach compensation claim is that they can help you gather evidence that is relevant to your case. To find out if you could be eligible to work with one of our solicitors, get in touch with our team of advisors today.

How Could Your Employer Expose Your Disciplinary Information?

Accidents or “human error” often cause data breaches at work. Unfortunately, other data breaches happen because of lack of training, poor cyber security defences, fraudulent activities, cybercriminals and so on and so forth. Let’s look at how a potential disciplinary information data breach could occur:

  • An employer could send disciplinary information to the wrong email address.
  • An employer can lose your data. For example, a colleague loses documents containing disciplinary information in a public place.
  • Or, a disgruntled employee may publicly expose disciplinary information data to get revenge on the company.
  • On the other hand, hackers may unlawfully access an employee database and hold the information for ransom.

As we have previously stated to make a data breach claim against your employer, firstly, you need to demonstrate that personal or sensitive data was breached. Secondly, your employer is liable for the breach because they failed to adhere to data protection laws. Lastly, you suffered mental and/or financial losses as a result.

What Disciplinary Information Could Your Employer Breach?

Organisations must keep personal data safe to protect their stakeholder’s privacy. Moreover, protecting personal data helps protect the data subject from fraud or identity theft.

Disciplinary information can include:

  • The employee’s name, address, DOB,
  • National insurance number
  • An employee’s disciplinary record
  • Information about disciplinary proceedings
  • Information about the employee’s performance reviews
  • Data regarding suspensions and other disciplinary measures the employer has taken against the employee.
  • Moreover, the data breach can expose any medical considerations.

Data Breach Compensation Payouts – Examples

You can use the table as a data breach compensation calculator to estimate how much you can claim in non-material damages. The table includes compensation brackets guidelines for psychological damages.

Form Of Psychological InjurySeverityValue
Multiple serious types of psychological harm and material damageSeriousUp to £250,000+
Psychiatric damage 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

We used guidelines from the Judicial College to create the table (the top row has not come from the JCG however). Data breach solicitors also use Judicial College guidelines to help them value data breach claims. However, if your claim is successful, your compensation may be lower or higher than the table’s contents, as all claims are unique. Please call our helpline, and we can offer you further advice.

There are two types of data breach compensation you can receive:

  • Firstly material damages compensate claimants for financial losses. For example, if fraudsters used your personal data to target you, you may be able to claim back any money you lost.
  • Secondly, non-material damages compensate people for any emotional distress or psychological injuries that the data breach caused.

Find Out More About Making Disciplinary Information Data Breach Claims

To find out if you can make a disciplinary information data breach claim, please contact Legal Expert today. And if we can see that you have legitimate grounds to claim compensation, we will appoint a skilled data breach lawyer to work on your claim.

You can make a No Win No Fee claim. You will only pay a success fee if your data breach claim is successful. So, you are taking less of a gamble with your finances.

You would need to sign a Conditional Fee Agreement. This agreement includes all the terms and conditions of a No Win No Fee service. There are no upfront fees to pay for the solicitor to start working on your case. If for whatever reason the case fails then you do not have to pay for the service the No Win No Fee solicitor has provided. Only when the case succeeds will you pay a success fee.

Please contact us today to inquire about making a No Win No Fee claim for a workplace data breach. You can use the details below to reach out to us.

Where To Read More About Data Breaches

Please read these online guides if you want to know more about claiming compensation for a data breach.

We appreciate you reading our guide to whether you can claim for a disciplinary information data breach.

Stolen Computer Data Breach Claim

By Stephen Hudson. Last Updated March 2024. What is a stolen computer data breach claim? If your personal data has been accessed or exposed because of a stolen computer then you may be eligible to pursue a case for compensation. When an organisation decides why and how your personal data should be processed they become known as a data controller. They then become responsible for keeping your data safe. Not all data is protected by data-protection laws though, only personal and sensitive information. For example, your employer may have information about you in their database. Therefore, your employer is responsible for safeguarding their database to protect your data privacy.

Stolen computer data breach compensation claims guide

Stolen computer data breach compensation claims guide

Unfortunately, a data breach can happen through deliberate actions of a cybercriminal for instance. Or through human error by accidental exposure or the loss of a device for example. Types of device loss data breaches could include:

  • Stolen computer
  • Stolen laptop
  • The loss of a hard drive
  • Or the loss of a tablet

If a data breach caused you emotional distress or financial loss, please contact Legal Expert today. If you are eligible to claim compensation for a data breach, we can provide you with a skilled solicitor to manage your claim.

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What Is A Stolen Computer Data Breach Claim?

A personal data breach is a type of security incident at an organisation that compromises personal data protection. The data breach could expose customer data or employee data. Victims may suffer stress after a data breach, especially if sensitive data is leaked.

In this country, we have stringent data protection laws such as the Data Protection Act 2018 and the UK General Data Protection Regulation UK GDPR. These pieces of legislation were enacted to offer the ”data subject” a lot more protection when it comes to their personal and sensitive information.

If a computer is stolen that has the potential to expose or allow access to personal information this can be classed as a data breach. If there is no password protection on the desktop or laptop computer, then files and confidential personal data will be accessed with ease.

However, to make a personal data breach claim for a stolen computer you must be able to prove liability. Using evidence you will be expected to show how the data controller/organisation failed to protect your personal information.

Examples of personal data which a company could breach:

  • Name
  • Address
  • Date of birth
  • Email address
  • Phone number
  • Bank account
  • Debit card
  • Credit card
  • Passwords

Please get in touch with Legal Expert to see if you are eligible for stolen computer data breach compensation.

Time Limit For A Data Breach Claim

If you meet the eligibility criteria for a stolen computer data breach claim, you’ll need to make sure you have enough time to get your claim underway.

Generally, you will have six years to start a personal data breach claim. However, this time limit is reduced to one year if you are claiming against a public body.

You can contact our advisors online or on the phone today if you would like to ask any questions regarding your eligibility to start a data breach claim. They could also connect you with one of our experienced solicitors if it seems like you have a strong case.

Types Of Computing Devices Which A Thief Could Steal

An organisation may lose the following devices to theft:

  • Laptop
  • Desktop
  • Smartphone
  • Tablet
  • Portable hard drive or USB stick

Organisations must have proper security measures to prevent theft. Moreover, organisations can ensure that their devices are password-protected, preventing unauthorised persons from accessing personal data.

How Can A Stolen Computer Data Breach Affect You

If personal data has been exposed because of a stolen computer data breach this can be an upsetting experience. Furthermore, if sensitive data is breached, this can be particularly traumatic. Also because data breaches can expose financial information that cybercriminals or other fraudsters could use you may also lose out financially.

Sensitive data can include special category data. Special category data can signify deeply personal topics, such as one’s sexuality or religious beliefs. So if an organisation exposes this type of information they hold about you, this might have caused you emotional distress. Sometimes, the data breach victim may have psychiatric injuries such as depression because of a data breach.

Personal and sensitive data also includes information that is kept private to protect a vulnerable person. For example, social services may have information about a child in foster care. If the data is leaked to the public, the error could endanger the child. Social workers must protect their client’s data to avoid social services data breaches.

How To Make A Stolen Computer Data Breach Claim

The UK General Data Protection Regulation states that data controllers are responsible for protecting personal data. Therefore, you may be able to make a stolen computer data breach claim if the organisation did not have adequate security precautions to protect your data. For example, the device may not have had password protection.

To get compensation for a personal data breach, you must prove that you suffered emotional distress, psychological injuries or financial losses. Moreover, you must begin your claim within the data breach claims time limit.

You can report the data breach to the Information Commissioner’s Office as well as begin a data breach claim. Organisations are obliged to report data breaches to the ICO if they affect the rights and freedoms of a data subject. If you discover a data breach yourself, you can report the data breach to the person within the organisation who is responsible for handling data security.

However, you can report the data breach to the ICO if you believe the organisation cannot resolve your complaint. Please contact the Information Commissioner’s Office within three months of your last communication with the data controller about the personal data breach otherwise the ICO may fail to investigate your concerns.

Why not call our team of advisors to have your case assessed for free. They will provide free legal advice on what your next steps could be. If you have a good case for compensation one of our specialist data breach solicitors could start working on your case straight away.

Stolen Computer Data Breach Claim Calculator

You may be wondering how much compensation you can get for a personal data breach. You could use the table below as a guide to non-material damages. Non-material damages are awarded for the emotional and physical consequences of the personal data breach. We used Judicial College compensation guidelines in this table. These guidelines are often used by legal professionals in personal injury or medical negligence cases. However, you may receive more or less compensation than what is included in the table, depending on your circumstances.

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Severity Type Of Injury Damages Effect Of Injury
Severe Psychiatric Damage £54,830 to £115,730 Effects of the injury may extend through the victims social life, relationships and their ability to work or continue in education. The overall prognosis is poor.
Moderately Severe Psychiatric Damage £19,070 to £54,830 There is a better prognosis, though the person could be affected in a similar way to those in the above category.
Moderate Psychiatric Damage £5,860 to £19,070 This person could have been affected in a similar way but will have made a marked improvement by the time a case comes to trial.
Less Severe Psychiatric Damage £1,540 to £5,860 The person has a better prognosis for recovery. Damages awarded will account for the duration any symptoms lasted for and their severity.
Severe Post-Traumatic Stress Disorder £59,860 to £100,670 All parts of this person’s life may have been affected (work, education, social life and relationships). The injury could result in permanent effects.
Moderately Severe Post-Traumatic Stress Disorder £23,150 to £59,860 The PTSD could have caused the person to suffer a significant disability and may do so for the foreseeable future. They have a better chance to recover with professional care.
Moderate Post-Traumatic Stress Disorder £8,180 to £23,150 The injured party should largely have made a recovery. Any remaining symptoms should not be considered grossly disabling.
Less Severe Post-Traumatic Stress Disorder £3,950 to £8,180 A full recovery should have been made in 1 to 2 years.

If your data breach claim is successful, you can receive up to two heads of claim. These are:

  • Material damages are compensation for any financial losses associated with the data breach. For example, if fraudsters used your stolen data to target you for a phishing scam, you may be able to claim back any money that the fraudster stole.
  • Non-material damages compensate for the emotional distress or psychological injuries your data breach may have caused.

Start Your Claim For A Stolen Computer Data Breach

If your data is stolen, we may be able to help you. Please get in touch with Legal Expert about making a stolen computer data breach claim for compensation. If you have legitimate grounds to claim, we can provide you with an experienced data breach lawyer to handle your claim. And you can fund the services of your solicitor by making a No Win No Fee claim.

A No Win No Fee arrangement works by allowing you to hire a solicitor without paying a solicitors fee upfront. So, it’s more affordable for many claimants. You will pay a success fee if you win your claim. But if your compensation claim is not successful, you won’t pay a success fee. Therefore, you are not taking a gamble with your finances. Furthermore, we will only let you make a No Win No Fee claim if there is adequate evidence to support your case.

Please contact Legal Expert today to claim for a data breach caused by a lost or stolen device.

  • Call our data breach claims helpline on 0800 073 8804.
  • Use our online claims form to start your claim.
  • Or you can type a question into our Live Support widget. We will respond as soon as possible.

Data Breach And Theft Resources

You may wish to read these resources to learn more.

Bank Data Breach Compensation Claims Guide

Have You Been Affected By A Ticketmaster Data Breach – Read this guide for more information

Employer Personal Data Breach Compensation Claims Guide

The Data Protection Act 2018

An ICO guide on whether or not organisations need your consent to use your data

Guidance on how to avoid scams from the UK government

Thank you for reading our guide to making a stolen computer data breach claim.

Guide By Chelache

Edited By Melissa.

Probation Officer Data Breach – Compensation Claims Calculator

If a probation officer failed to adhere to data protection legislation in this country and this caused you harm, could you be eligible to make a claim for a probation officer data breach? Probation officers work for the probation service. They play a vital role in the criminal justice system. Probation officers supervise offenders; to reduce repeat offending.

Probation Officer data breach compensation claims guide

Claims For Probation Officer Data Breach Guide

Importantly, probation officers may handle personal data as part of their job. If probation services collects personal data, they have a legal obligation to protect it. A data controller, organisations that handle personal information must secure this data.

So if a data controller breached your personal information because they failed to comply with data protection laws then you could be eligible to claim compensation for the suffering this has caused you.

To find out if you can claim compensation for a probation officer data breach, don’t hesitate to contact Legal Expert today. Our advisors will assess the merits of your case in a free no obligation consultation. Where they can see a valid case they can appoint a skilled No Win No Fee solicitor to handle your claim.

Contact us now to start the claims process:

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What Is A Claim For A Probation Officer Data Breach?

Personal data along with sensitive data is protected by data security and privacy laws in this country. This means above other things that such data needs to be kept secure and not used without a lawful basis to do so. Not all information stored or processed is protected by these laws. So it is important to figure out what information is classed as personal data.

According to the Information Commissioner’s Office (ICO), a personal data breach involves a security incident that means personal or sensitive information has been….

  • Lost, stolen or destroyed
  • Or altered and encrypted
  • As well as accessed unlawfully or disclosed.

Data breaches can be unintentional and caused by human error. However, there are times when a malicious person, such as a hacker, deliberately breaches data protection.

The UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018 requires organisations to safeguard the data they collect. If personal data is not protected according to data security laws and this leads to a breach, those affected i.e. data subjects may be eligible to make a claim for the suffering, either mentally ”stress after a data breach” or financially.

Don’t hesitate to contact us if you believe you are eligible to claim compensation for a probation officer data breach.

What Data Could The Probation Service Hold?

The probation service will collect data about offenders they are helping to rehabilitate. Importantly some of the data could be special category data, which is particularly sensitive.

Examples of data the probation service may hold:

  • Name
  • Address
  • Date of birth
  • Email address
  • Phone number
  • Racial or ethnic origin
  • Political information
  • Philosophical or Religious information
  • Trade Union membership
  • Health, biometric or genetic data

Examples Of Data Breaches Affecting Probation Services

A data breach can be caused by many different issues. Data controllers should always train staff on data awareness and compliance of date privacy laws. As well as this they should ensure that all digital files containing personal data are secure and they have sufficient firewalls protecting their online systems. This can all help to reduce the data breaches they may face.

Below we look at scenarios of potential data breaches:

  • An incident occurs where an employee experiences a  lost or stolen device. Therefore an unauthorised person could access files containing confidential data.
  • An email containing an offender’s data is sent to the wrong person, subsequently sharing the person’s data to an unauthorised person.
  • Due to poor cyber security defences hackers can infiltrate the online files containing confidential data.
  • A probation officer may verbally disclose personal processed data to someone who has no authority to access it.

What Can I Do If A Probation Officer Breached My Personal Data?

If the probation service know of a data breach that affects the rights and freedoms of their clients they should report the data breach within 72 hours to the ICO. They should also inform their clients of the breach.

However, you may have discovered a data breach yourself. If this is the case you can contact those who you think may have breached your data. You can ask what data was involved in the breach, how it happened and what the process will be going forward. If you believe the concerns you have raised are not being treated appropriately, you can ask for the complaint to be escalated.

You can complain to the ICO. However, please raise your concerns within three months of the last meaningful communication with the organisation, otherwise the ICO may not investigate.

Calculating Compensation For A Probation Officer Data Breach

If your personal data breach claim is successful, you could receive the following compensation damages:

  • Material damages can reimburse you for any expenses or financial losses associated with the data breach. Such as money you lost if fraudsters used your data to target you.
  • Non-material damages is compensation for the emotional distress or psychological injuries a data breach may have caused. For instance, if sensitive information is released into the public domain you could develop mental health problems such as post-traumatic stress disorder.

The table looks specifically at non-material damages compensation amount brackets. Importantly, we used guidelines from the Judicial College to create the compensation brackets in the table. So your solicitor may use the guidelines to help them value your data breach compensation claim.

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Severity Injury Notes Damages
Severe Psychiatric Damage Poor outlook for recovering from the injury. The person may face difficulty in education or work as well as in social settings and relationships. £54,830 to £115,730
Moderately Severe Psychiatric Damage Faces similar difficulty to above. Has a better chance of making a recovery. £19,070 to £54,830
Moderate Psychiatric Damage Whilst affected in a similar way to the previous categories, the person should have made a good deal of recovery by the time of a trial. £5,860 to £19,070
Less Severe Psychiatric Damage There is a much better chance for recovery. How much could be claimed depends on the duration of symptoms and their effects. £1,540 to £5,860
Severe Post-Traumatic Stress Disorder PTSD caused by a dramatic event. The injury could affect all parts of this person’s life. £59,860 to £100,670
Moderately Severe Post-Traumatic Stress Disorder Professional care will be needed if the person is to make any sort of recovery. £23,150 to £59,860
Moderate Post-Traumatic Stress Disorder There are no longer any symptoms which could be said to be grossly disabling, £8,180 to £23,150
Less Severe Post-Traumatic Stress Disorder This victim could or will recover one to two years after the incident. £3,950 to £8,180

Please be aware that the contents of this table are advisory. So, the amount of compensation you receive may vary depending on many factors. You are welcome to call our helpline, and an advisor can estimate what your compensation payout could be worth.

Begin A Claim For A Probation Officer Data Breach

To begin the data breach claims process, please contact us today. An advisor can assess your case. Moreover, we may assign a data breach solicitor to start working on your claim if we believe that you are owed compensation.

Moreover, all our solicitors work to a No Win No Fee agreement. Therefore you will not pay an upfront solicitors fee. Instead, successful claimants pay a success fee to their lawyer. But, if you do not win your claim, you will not pay a success fee.

Many people prefer the No Win No Fee option because the solicitor deducts the success fee from the client’s compensation payment.

Please contact us today to begin your claim for a probation officer data breach. We look forward to speaking with you.

  • Call Legal Expert on 0800 073 8804, and an advisor will be happy to discuss your options.
  • Or you can claim online via our website.
  • On the other hand, ask us a question using our Live Support bar.

Related Data Breach Claim Resources

If you found this data protection breach claims guide helpful, you may enjoy our other guides.

Housing Association Data Breach Compensation Claims Guide

How To Report A Data Breach Incident

Criminal Convictions Exposed – Data Breach Compensation Claims Guide

How to report a phishing scam

A guide to personal data breaches, from the ICO

Do organisations need your consent to use your data?

Thank you for reading our guide to claiming for a probation officer data breach.

Credit Score Data Breach Compensation Claims Guide

By Megan Black. Last Updated 17th April 2025. If you have been involved in a credit score data breach, you may wonder if you are entitled to compensation. This guide will provide information on who may be able to make a personal data breach claim following a credit score breach. We illustrate the data protection legislation that might prove vital when it comes to assessing your eligibility to claim. Near the middle of the guide you will find a table that has a list of mental suffering a data breach could cause along with values that have been attributed by the Judicial College. You could use it to estimate the value of your suffering for your data breach claim.

For more information, you can:

Select A Section

  1. What Is A Credit Score Data Breach?
  2. UK GDPR Compliance For Credit Score Companies
  3. What Data Could Be Exposed In A Credit Data Breach?
  4. What Evidence Can Be Used In A Credit Score Data Breach Claim?
  5. Has The ICO Fined Credit Reference Agencies?
  6. How Much Compensation Could I Get For A Credit Score Data Breach?
  7. Find Out If You Could Make A No Win No Fee Claim

What Is A Credit Score Data Breach?

A credit score rates how reliable you are when it comes to paying the money back. As such, when you sign up to have your credit score rated you will likely provide lots of information, much of which will be personal or sensitive information. This type of data is protected by data security laws.

A personal data breach happens when information that can identify you is breached in a security incident. In this way, someone may compromise the confidentiality or availability of your personal data.

When making a personal data breach claim the onus will be on you to prove that the security incident in which your data was accessed, lost, stolen disclosed or altered was caused because the company had failed to keep it secure.

The Information Commissioner’s Office (ICO) is the UK’s independent body that can impose penalties on companies that have breached your personal data.

Who Could Access Your Credit Score?

There are numerous parties who could process your financial information. We’ve put together a list of who those parties could be:

  • Credit reference agencies
  • Loan providers
  • Landlords, housing associations and estate agents
  • Banks and financial service providers

It should be noted that the above examples do not represent all parties that could potentially access your credit data. For more information, speak to an advisor today.

UK GDPR Compliance For Credit Score Companies

An organisation that states why and how your personal data should be processed are known as a data controller. You are the data subject if an organisation processors your data. All data controllers must follow data security and privacy laws that are applicable to them

The Data Protection Act 2018 (DPA) which runs alongside the UK General Data Protection Regulation (UK GDPR) govern how data controllers must function when handling personal or sensitive information.

An organisation can adhere to these laws by being:

  • Lawful, fair and transparent.
  • Purpose limited.
  • Minimal data collected.
  • Accurate
  • Storage limitation.
  • Integrate and confidential (security)
  • Accountable.

Collecting evidence is vital to any successful personal data breach claim. If you have experienced a credit score data breach call our advisors for further information. You may have the grounds to make a valid claim. Speak to our team of advisors for more information.

What Data Could Be Exposed In A Credit Data Breach?

Personal information that a credit score company may hold includes your:

  • Name
  • Address
  • Date of birth
  • Driver’s license number
  • National Insurance number

Any of this information could be used, either alone or in combination with another piece of information, to identify you. This makes all the above details examples of personal data which the data controller must protect.

Failure to do so could come about because of basic human error, or from insufficiently protecting data from an attack.

A credit score data breach could theoretically come about for many different reasons. For example:

  • Your data could be emailed to the wrong recipient due to an admin error. If you and the other recipient get each other’s emails and are both affected, you could each seek credit score leak compensation.
  • Incorrect system management could mean your information is sent to the wrong address in a letter.
  • Systems are backed up by outdated security, allowing hackers to easily access your credit score and personal information.
  • If a company still uses fax machines, a misdirected fax could expose your data.
  • An employee could print out credit score information and then accidentally leave it in a public place.

If a data breach has led to your suffering, you could have the right to make a credit score error claim. Call now to get a free and straightforward review of your chances of claiming compensation for a data breach.

What Evidence Can Be Used In A Credit Score Data Breach Claim?

Evidence that can be used in credit score data breach claims can include:

  • Professional medical diagnosis with psychological distress, and details of any treatment you received.
  • A data breach notification letter from the credit organisation, informing you that a personal data breach has taken place and your personal data has been affected.
  • Any other correspondence between yourself and the data controller regarding the incident.
  • Bank statements, invoices, payslips and other documents that show what financial harm you have experienced. 
  • If the ICO opens an investigation, any findings from this can be used as evidence.

The ICO will not award compensation for a credit score data breach, however they do have the power to investigate any data controller or processor and issue reprimands or fines for violations of the UK GDPR. While it is not required to make a claim, a data subject can make a complaint to the ICO if they believe their personal information is being handled incorrectly or suspect a data breach has occurred.

When making a claim for a credit score data breach, supporting evidence is key. As well as demonstrating that some wrongful conduct occurred, causing your personal data to be exposed, the evidence you collect will also show the extent of the damage caused. This is very useful to solicitors when valuing your potential claim. You can find out more about the evidence needed for a personal data breach claim by talking to our advisors. Get in touch today using the details provided below.

Has The ICO Fined Credit Reference Agencies?

The ICO imposes monetary penalties on data controllers that fail to comply with the legislation set out in the DPA and UK GDPR. The penalties are decided on a case by case basis and aim to be effective, proportionate and dissuasive.

Although the compromised systems were in America, the ICO stated that Equifax UK failed to protect the information of UK citizens during the cyber attack in 2017 that led to nearly 15m Britons being affected. The ICO fined Equifax £500,000.

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

More recently, after a two-year investigation concluded in 2020, regarding how Experian, Equifax and TransUnion used personal data, the ICO found ‘invisible’ processing taking place. This may have affected millions of adults in the UK. It is ‘invisible’ because the data subject does not know that the organisation is collecting and using their personal data. This is against data protection law.

This investigation and results prompted these companies to make changes. However, the ICO took no further action against Equifax and TransUnion after the company made improvements.

Although Experian made some improvements, the company did not accept that they had to make further changes. The ICO, therefore, took enforcement action stating changes must be made within nine months or risk a fine totalling £20m, or 4% of the company’s total annual worldwide turnover.

Please get in touch if a credit reference agency has breached your data. Our advisors can offer guidance.

How Much Compensation Could I Get For A Credit Score Data Breach?

You could be compensated between £66,920 and £141,240 if you suffer severe psychological damage that affects all areas of your life badly and has a very poor prognosis. This is according to the Judicial College Guidelines. However, as the title suggests, this is only a guideline figure. Furthermore, various factors impact how much compensation for a credit score data breach someone could be awarded. Additionally, if you suffered both material and non-material damage, this will impact the overall settlement.

  • Material damage, or financial losses experienced due to a personal data breach. For example, having to pay for therapy or a loss of earnings.
  • Non-material damage. This refers to the psychological harm, such as depression or post-traumatic stress disorder (PTSD), that the breach has caused.

It is possible to seek compensation for either or both. For example, compensation for incorrect credit report entries in the UK that lead to a data breach, such as the stress the situation caused and relocation costs.

You should keep records of loss such as credit card statements or invoices to prove material damage. Non-material damage will be calculated during the claim.

Those figuring out your non-material damage for your  credit score data breach compensation might look at the guideline figures for psychological injuries found in a document called the Judicial College Guidelines (JCG).

The table we have created below features JCG amounts, plus a top line that does not come from the document. However, it is only a guide as all non-material damage payouts are based on the merits of each case.

Type of HarmSeverityGuideline Amount
Material And Non-Material DamageSeriousUp to £250,000+
General Psychiatric DamageSevere£66,920 to £141,240
General Psychiatric DamageModerately Severe£23,270 to £66,920
General Psychiatric DamageModerate£7,150 to £23,270
General Psychiatric DamageLess Severe£1,880 to £7,150
PTSDSevere£73,050 to £122,850
PTSDModerately Severe£28,250 to £73,050
PTSDModerate£9,980 to £28,250
PTSDLess Severe£4,820 to £9,980

If you have any further questions about what to do after a personal data breach, get in touch with our advisors at any time.

Find Out If You Could Make A No Win No Fee Claim

Working with a No Win No Fee solicitor could be an option if you are worried about the fees a solicitor may charge. Solicitors who work under this arrangement require no upfront fees. When you sign a Conditional Fee Agreement there are no ongoing costs either. Furthermore, you will only pay a legally capped fee if you successfully claim compensation. A fee is agreed with your solicitor before proceedings occur, and it is deducted from your award. Additionally, your solicitor requires no costs if you are unsuccessful in your claim.

Our data breach solicitors may be able to help you make a No Win No Fee claim following a personal data breach. You can speak to an advisor for more information by using the live chat feature on this page. You can also:

Financial Data Security And Data Breach Resources

You may find the following resources useful.

Data Security Incident Trends – The ICO produces a quarterly report on the latest data security incident trends.

Make A Complaint – The ICO provides information on how to make a data protection complaint.

For further reading, take a look at some of our other guides.

How To Report A Data Breach – What steps you need to take to report a data breach.

Bank Data Breach Compensation Claims – Find out how much you could be owed if a bank has breached your data.

Credit Card Data Breach – What to do if you have suffered damage as a result of a credit card company data breach.

Legal Expert are here to help you following a credit score data breach. Check out our reviews for yourself and decide if you want our advice and support.

Guide by Jennings

Edited By Melissa.

Debt and Arrears Data Breach Compensation Claims

By Megan Black. Last Updated 24th June 2024. Has a loan company compromised your personal financial information? Have you suffered any financial or psychological harm? If so, you might be looking into whether you could claim compensation for debt and arrears data breach. 

This article will go through the roles of the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Information Commissioner’s Office (ICO) in establishing whether you could have a valid debt and arrears data breach claim. 

Get in touch with us today to start your data breach claim by:

Debt and arrears data breach

Select A Section

  1. What Is A Debt And Arrears Data Breach?
  2. Debt Collection Companies Data Protection Responsibility
  3. Examples Of Debt And Arrears Data Breaches
  4. What Could You Do If A Debt Company Breached Your Data Privacy?
  5. Discuss Your Claim With Our Team

What Is A Debt And Arrears Data Breach?

To be eligible to claim for a personal data breach you must be able to establish that information protected by data privacy laws has been disclosed, accessed, lost, stolen, destroyed or verbally disclosed in a way that was either done accidentally or deliberately. This can be through human error or a cyber attack when online security systems are not updated or used at all.

Information that is considered personal i.e. that can identify you and other information that can be used in conjunction with identifiable data is protected under the UK GPDR. If a company that holds your financial information fails to protect this in accordance with the UK GDPR and this leads to a data breach you could potentially make a claim.

Furthermore, there are time limits when you are claiming for a data breach. You have 6 years to start the proceedings, or 1 year if it involves a public body. 

Debt Collection Companies Data Protection Responsibility

When debt collection companies, decide why and how personal data is processed they become data controllers as they are now responsible for the personal information that they handle. All data controllers must follow the 7 principles set out in the UK General Data Protection Regulation (UK GDPR). These principles are: 

  • Accountability 
  • Data minimisation
  • Purpose limitation
  • Accuracy
  • Integrity and confidentiality (security)
  • Lawfulness, fairness and transparency
  • Storage limitation

The UK GDPR is the legal framework that gives you the right to claim compensation from an organisation. This is if you have suffered any material or non-material damage because the data controller failed to protect your personal or sensitive information correctly.  

Financial Services Data Breach Statistics

The Cyber Security Breaches Survey 2021 contains the statistics on businesses, charities and educational institutions that took part in the survey. The survey contains information about these entities and the amount that have been affected by breaches or cyber-attacks in the last year. Out of the 1,419 UK businesses surveyed, 39% reported having a cyber security breach or attack. 

The Information Commissioner’s Office (ICO) is a non-departmental public body that governs data protection laws and rights for the UK Government. It too provides statistics on data security incidents. They go into further detail about the data breaches that affected all business sections from October 2021 to December 2021. The finance, insurance and credit sector recorded 185 data security incidents involving cyber and non-cyber incidents. This is lower than the previous quarter, between July 2021 to September 2021, where the incidents were recorded as 259.

Examples Of Debt And Arrears Data Breaches

Experiencing the loss of any personal data can greatly impact a person, causing both psychological distress and financial loss. 

There are several different ways that financial data could potentially be breached. Incidents could include:

Examples of how data breaches could happen are: 

  • Human error: documents lost or shared with third parties
  • Cyberattack: through malware or ransomware viruses.  
  • Phishing scams:  unusual or unfamiliar links sent by convincing emails

What Could You Do If A Debt Company Breached Your Data Privacy?

Assuming that your personal data has been breached by a debt company because they failed in their regard to secure the identifiable information they hold about you, you could be eligible to start a personal data breach claim.  This can be done by gathering information and evidence about the data breach. 

A company should inform you and the ICO if a data breach has happened, but only if it risks the data subject’s rights and freedoms. 

 This would include information about what was exposed and the breach’s date. This correspondence could be used as evidence to help strengthen your claim. 

If you suspect that your personal financial information has been breached you can contact the data controller. They should get back to you and inform you whether this is the case and provide details.

However, if this doesn’t happen or the response is unsatisfactory, you could file a complaint to the ICO. Wait no longer than 3 months since your last contact with the data controller to file this complaint. You should make sure that the complaint is in as much detail as possible and describe how you believe the data breach happened.

The ICO may then open an investigation and take enforcement action against the organisation that has breached your personal data. Any findings could also be used as evidence for your claim. 

Other types of evidence include:

  • Financial records 
  • Medical records from a GP that demonstrate stress or anxiety caused by the breach
  • Any contact between the company and yourself – this could be in the form of letters or emails.
  • Credit score reports
  • Documentation of any fraudulent transactions 

For more information on if you can claim compensation following a debt and arrears data breach, don’t hesitate to get in touch with our advisors. They are available to answer any questions you may have.

Discuss Your Claim With Our Team

Why claim with a No Win No Fee solicitor?

No Win No Fee agreements are an arrangement between you and your solicitor. They are formally referred to as a Conditional Fee Agreement or Damage Based Agreement. 

They offer claimants who want legal representation a way to fund the solicitor’s service on the condition that only if the case is won will the solicitor receive their success fee.

If you aren’t successful under a Conditional Fee Agreement, you wouldn’t have to pay a success fee to your solicitor. However, if you are successful, a success fee, which is capped by law, is deducted from your compensation. Your solicitor will discuss this with you to be more aware and avoid any surprises. 

Suppose you have any further questions about a data breach for debt or arrears. In that case, our advisors can offer advice on the claims process and would be happy to speak to you. To contact us

  • By telephone – 0800 073 8804
  • Via our live chat feature 
  • Through our website 

Other Ways Data Protection Solicitors Could Help You

Furthermore, if you require any further advice about your claim, please do not hesitate to contact us for free advice and guidance. 

Here are some additional resources related to debt and arrears data breaches. 

The ICO has a guide on how to report a data breach and how to file a complaint. It also has a guide on how to minimise the risk of personal data breaches happening.

We have guides on how to report a data breach incident

Similarly, we have articles about how lost and stolen deceives can be a part of a data breach.

On the other hand, we have guides and articles on what happens when a company sends the documents to the wrong postal address

We also offer FAQ’s on data breach compensation.

Please don’t hesitate to contact us for any further information about a data breach for debt and arrears.

My Employer Exposed My Mental Health Information In A Data Breach – Can I Claim Compensation?

Last updated 30th April 2025. If you experienced a mental health information data breach at work, your employer might owe you compensation.

'Data breach' written on a pink button on a computer keyboard.

It is normal for employers to collect personal data about their staff, this does not always include medical data as very often unless your job is impacted you would not necessarily have to divulge such information. However, under the UK General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018 employers must safeguard the personal or sensitive data they collect. So, if an employer data breach occurs, due to positive wrongful conduct, which caused you harm, you may be eligible to make a claim.

So, if your employer breached your private mental health information, don’t hesitate to get in touch with Legal Expert today. We can provide you with a skilled solicitor to handle your data breach claim. What’s more, you will have the option to make a No Win No Fee claim.

To begin your claim, please call us on 0800 073 8804. Alternatively, use our form to begin your claim online by filling in our contact us form.

Select A Section

What Is A Mental Health Information Data Breach?

A personal data breach is a security incident that compromises information that can identify you on its own or in conjunction with other data. This data can also be of a sensitive nature.

The Information Commissioner’s Office (ICO) is a non-departmental governing body of the UK government that oversees the implementation of data security laws.

How can a personal data breach occur:

  • An organisation loses, alters or encrypts personal data
  • Or the organisation destroys the personal data by not using the proper channels
  • Your personal information is sent to the wrong recipient
  • An online database containing personal information is hacked because there are no security defence systems in place.

Mental health information data breaches caused because employers have failed to put the correct procedures in place to secure this data can have very far-reaching ill-health consequences for those involved.

What effect can a mental health data breach have on you? You may have experienced emotional distress and stress if your medical history has been exposed. Moreover, the stress caused by the data breach may have exacerbated your mental health disorder.

How Often Do Data Breaches Happen In The Workplace?

Data from the UK government’s Cyber Security Breaches Survey 2021 which interviewed 1,419 UK businesses, 487 UK charities and 378 education institutions between 12 October 2020 to 22 January 202 indicate that:

  • Four in ten businesses experienced a cyber security breach or attack.
  • A quarter of charities had experienced a cyber security breach or attack during this period.
  • Organisations reported that the most common cause of cyber-security incidents is phishing attacks. The second most common problem is impersonation scams.

How To Report A Data Breach By Your Employer

If you suffer a mental health information data breach at work, then if it puts at risk your rights and freedoms the company must report the data breach to the ICO. They also must inform you without undue delay. After that, the ICO may investigate the data breach and may fine the organisation.

But what should you do if you discover a breach of your medical information at work? Firstly, you can send a letter to whoever in the organisation that deals with the data security asking them has your personal information been breached. If you are not happy with the response you can make a complaint to the ICO. You will need to do this within 3 months of your last communication with the organisation about the data breach.

How Can An Employer Expose Your Mental Health Information?

Some data breaches are intentional, but many are accidental. Let’s look at how a mental health information data breach could happen at work.

Unintentional Data Breaches

Sadly, human error is the cause of many data breaches. For example, a manager could send an email to the wrong employee which contains your medical information, such as medical data records about your mental health.

A lack of staff training or internal data handling processes can also cause accidental data breaches. For example, a receptionist may leave a file on a public-facing desk that contains confidential information about an employee’s mental health and well being. Therefore, unauthorised persons would be able to access the data.

Organisations can avoid unintentional data breaches with robust internal processes and invest in staff training.

Intentional Data Breaches

Poor cyber security systems that are not updated or risk assessed can mean that hackers can gain access to online files and records. These files may contain employee health data. If the hacker is successful this may mean personal and sensitive information has been exposed. It is vital for any data controller to ensure that digital files are secure with the most robust online data security systems in place.

An organisation could be held liable for the data breach if there was no adequate security system to protect the data.

What Mental Health Information Could Employers Hold?

As we have mentioned, data concerning health is considered special category data under the UK GDPR. Therefore employers need to add extra protection if they are to handle or process this type of information.

Employees may choose to inform their employers of any health conditions. Especially if there needs to be adjustments made to the way they work. Therefore an employee may tell their employer about:

  • Personal mental health issues
  • Any information about their mental health disorder
  • Information about the mental health services they use
  • Data regarding the treatment of mental health conditions

What Evidence Do I Need To Make A Data Breach Claim?

If your personal data has been subject to a mental health information data breach, these types of evidence will best support your claim:

  • Report findings from the ICO. You can report a data breach to the ICO within 3 months of your last meaningful communication with the party responsible for the breach of mental health data in the workplace. The ICO can then choose to investigate this breach, and their findings can be used as evidence. 
  • Medical records and a diagnosis letter from a psychiatrist to prove your psychological suffering. 
  • Payslips, invoices, receipts, and bank statements to prove any financial losses the data breach has caused. 
  • A notification letter to prove the data breach occurred. 
  • Copies of any correspondence you’ve had with the party responsible for the mental health data breach at work. Your correspondence might show how the data breach occurred, what data was compromised, and what steps are being taken to prevent a similar data breach from occurring again. 

If you connect with one of our specialist data breach solicitors, they can help you collect the above evidence. 

If your employer breached mental health data about you, please contact us as soon as is best for you.

Check What You Could Claim For A Mental Health Information Data Breach

There are two types of compensation you can claim for if your mental health information data breach claim is successful:

  • Material damages can compensate you for the costs or monetary losses associated with the data breach.
  • Non-material damages compensate you for the emotional distress or psychiatric injury your data breach has caused.

You can use our table to estimate how much your non-material damages claim could be worth. We used the Judicial College guidelines (JCG) to create this table (only the top figure isn’t from this document). Data breach solicitors use this information to help them value compensation claims. But, please bear in mind that this table is for guidance only.

Type Of Harm SufferedSeverityPossible Compensation
Multiple types of severe psychiatric harm plus material damageSeriousUp to £250,000+
Psychiatric DamageSevere (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

However, please note that many factors determine how much a compensation claim is settled at. Feel free to call our claims helpline today, and an advisor can let you know how much money you could be owed.

Check If You Could Make A No Win No Fee Claim

Have you thought about how you may fund the services of a solicitor if you choose to hire legal representation. You could enter into a No Win No Fee arrangement with a solicitor. This would mean you both would sign a Conditional Fee Agreement (CFA). The CFA states the terms and conditions on what basis the solicitor will be paid a success fee.

There are no upfront fees to pay for the solicitor to begin work on your data breach claim. Instead, you will agree to pay a success fee if you win.

The success fee will be deducted from your compensation payout if your claim is successful. If for some reason your claim fails there is no success fee to pay the solicitor, hence, No Win No Fee.

Please get in touch with us today to begin your sensitive data breach compensation claim:

  • Call our claims helpline on 0800 073 8804
  • Use the Live Support widget to enquire about claiming
  • Or you can claim online, using our contact us form.

Learn More About Data Breaches

We have plenty of online resources about data breach claims.

School Data Breach Compensation Claims Guide

Can I Get Compensation For Loss of Medical Records?

HR Data Breaches Compensation Claims Guide

An ICO guide about the  possible outcomes of a data breach claim.

A guide from the UK government on avoiding Phishing scams

An ICO guide to personal data breaches

We hope this guide has helped inform you about mental health information data breaches.

Guide By Cheleache

Edited By Melissa.