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Bath Council Data Protection Breach Claims

The local authority may need to store a wide range of your personal data for a number of reasons. There are laws in place to restrict how this data is used and processed. But what steps could you take if a Bath Council data protection breach occurred and meant that your data was exposed? This is what this guide will cover.

It is important to note that not everyone whose personal data has been exposed in a breach will be eligible to claim. In order to be owed compensation, you need to show that the breach that affected you was caused by the failure to keep your data safe. You also need to show that the breach caused you harm. You can be compensated for both emotional and psychological damage caused by a data breach.

Public Sector Data Breach Damages Claims

Bath council data breach claims guide

Bath council data breach claims guide

Your claim will be based on its own unique situation. This means it will be at least somewhat different from every other claim. We may not have covered all of your questions on this single page.

If this is the case, please call and talk to our team of expert advisors on 0800 073 8804. They will give you the answers that you need, and tell you about how we can help to organise a lawyer to process your claim for you.

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A Guide On Claims If Bath Council Data Protection Breach Occurred

If you use the services of Bath and North East Somerset Council they may have asked you for information that could identify you. This identifiable information is what we are going to discuss today and how it should be protected.

This guide starts with a definition of what a data breach is, and an explanation of why a data breach can result in a claim in some cases. In addition to this, some statistics are given in relation to Government security incidents.

Next, we move on to take a look at the steps you could take after a potential data breach. We’ll look at how you could report a data breach if you’re concerned about how an organisation has used your data. We will also look at the steps you can take if you’re not satisfied with how a data controller has responded to your complaint.

We’ve also included an examination of the kinds of damages that could be included in this kind of claim. In addition to this, we have included a compensation table showing how much could be awarded in damages. Additionally, we explain how you may be able to use a No Win No Fee agreement to fund legal representation in your claim.

The final sections of this guide give some advice on how to find a solicitor to help you claim, some potentially useful links and also a short FAQ section.

Time Limits For Making A Claim

If a data protection breach occurred how long would you have to start a potential claim? The circumstances of your claim will decide this time limit. For instance:

  • If you’re claiming against a public body, you have one year to start your claim.
  • If you’re claiming against another organisation, you have six years to start a claim.

However, there can be aspects of your claim that could have an implication on the time limit. We can tell you which time limit will apply if you call and speak to our team.

What Could A Bath Council Data Protection Breach Be?

Your local authority is legally obligated to comply with all rules and regulations related to data security and privacy in the UK. The General Data Protection Regulations (GDPR) is the piece of legislation that outlines data protection laws in the EU. This was enacted into UK legislation through the Data Protection Act 2018. Which has now been altered as the UK has left the EU, so we refer to UK GDPR when discussing data protection.

A data breach is a breach of security where data is destroyed, lost, altered or disclosed to or accessed by an unauthorised party. A data breach can happen as the result of a malicious attack by a cybercriminal who is seeking to access the information for their own gain. However, a data breach can also come about as the result of things like human error or a lack of training.

When you’re making a claim for a potential breach, you need to show that the data controller (the organisation responsible for processing your data) failed to keep your information secure. If they did all they could to secure your data and a breach happened anyway, then you would not be able to claim. You also need to be able to show that the breach caused you harm.

If a Bath Council data protection breach happened what steps should you take following it? Read on for more information about what could justify a compensation claim against an organisation that exposed your personal data. You can also get in touch with our team for more information on what could entitle you to claim.

Common Data Protection Statistics

The Information Commissioner’s Office (ICO) is the Governing body that manages, policies and enforces data privacy in the UK. Alongside ensuring compliance with laws, and handing out sanctions to offending organisations, the ICO maintains publicly accessible datasets that we can use to make graphs such as this. The graph below illustrates some common causes of data breaches in central Government.

Council Data Breaches.

What Public Sector Bodies Have To Follow GDPR?

Generally, organisations in the UK have to comply with all relevant data privacy and security regulations. Your local council is no different. Therefore, local authorities’ data protection policies must be as robust as any other organisation or company.

Part of this compliance includes adhering to the seven key principles that should lie at the heart of organisations’ data protection policy. Organisations should:

  • Process data in a way that is fair, lawful and transparent
  • Purpose limited
  • Limit the collection of data to what is necessary for the purpose for which it was collected
  • Ensure that data is accurate and up-to-date
  • Only keep data in a form that permits identification of the data subjects for as long as necessary.
  • Protect data
  • Take accountability and responsibility for the rest of these principles.

As well as this, an organisation must have a lawful basis for processing your personal data. For more information on what to do if you feel your data has been used in a way that is not compliant with these principles, speak to our team today.

What Causes The Highest Percentage Of Data Breaches?

Your local authority may have to process and store a wide range of your personal information. This is particularly the case if you make use of council services. For example, they could hold information on applications for school and nursery that you have made. If you’re under the care of social services or are a tenant of council housing,

But how may a data protection breach potentially occur? We have included some possible examples below:

  • Your private email is included in an email that is sent to the incorrect email address.
  • Social worker case notes that mention you by name are included in a folder that is left in a taxi by a member of staff.
  • A USB stick that contains your personal data is thrown in a general waste bin when being disposed of without being wiped first.

Should a Bath Council data protection breach arise give our claims team a call today and one of our advisors will be happy to discuss your case with you.

Tenants Data Privacy Breaches

If you’re a council tenant, then your local authority is acting as your landlord. This means that they need to collect a range of information on you to provide you with this service. For instance, they may need to hold:

  • Proof of your identity (for example, a scan of your passport)
  • Rent statements
  • Bank details to take rent payments
  • Tenancy audit information
  • Your full name and address

Data controllers those who collect your data have a responsibility to keep this information secure. Failure to do so could lead to a data breach which could affect you negatively.

For example, if a scan of your passport was exposed then a cybercriminal could use this to steal your identity. This could result in your bank account being stolen from or your credit score could be impacted if the thief takes out credit in your name.

What Is A Data Breach Report?

Would you know what to do if a Bath Council data protection breach happened? In this section, we will look at the process of making a report for a data breach.

As we have already mentioned, the ICO are the non-departmental public body responsible for protecting the information rights of the UK public. However, if you are concerned that a local authority has breached your data, you should get in touch with the local authority first. The ICO has a template that you can use to express your concerns.

If the local authority does not reply to your concerns in a way that you are satisfied with, you can then escalate this to the ICO. Please note though, that you should do this within three months of your last meaningful communication with the organisation. If you wait any longer, the ICO may decline to investigate.

Seeking Compensation With A Data Breach Solicitor

We can help you by providing a suitable solicitor who can help you make a data breach claim against a data controller. Just call and speak to our team, and explain your situation to them.

They will let you know what your legal options are, and tell you about the services that we offer. The initial consultation is free of charge and carries no obligation. All data breach claims we take on will be provided with a solicitor that operates under a No Win No Fee agreement.

Just How Much Compensation For A Breach Of Data Protection Could People Claim?

When you make a claim for harm caused by a data breach, your compensation can be made up of material and non-material damages. Material damages will cover any financial losses you have experienced, whereas non-material damages will cover emotional harm. Emotional harm could include things like stress, depression or anxiety.

Since the case Vidal-Hall and others v Google Inc [2015] at the Court of Appeal, it has been possible to attempt to claim damages for psychological harm caused by a data breach. This is the case even if there was no financial loss involved.

Call and speak to our claims team to find out what types of damages might be appropriate to try and claim for based on your own unique case.

How Could Compensation Be Calculated For A Bath Council Data Protection Breach

Providing an accurate value of a potential data protection breach claim is impossible. This is because of the unique nature of each claim.

However, we can provide you with this example compensation table. It includes a range of guideline compensation brackets for a number of different injuries. We used the guidelines that are produced by the Judicial College to produce this table.

We’re able to do this because, in Gulati vs MGN [2015], it was held that compensation for non-material damages could be valued in the same way as in personal injury claims.

Edit
Mental Problem How Severe? Possible compensation More Info
Psychiatric harm Severe £51,460 – £108,620 This bracket will include injuries that markedly impact the injured person’s ability to cope with life, education, work and relationships
Psychiatric harm Moderately severe £17,900 – £51,460 This bracket will include injuries that cause significant problems with the injured person’s ability to cope with life, education, work and relationships. However, the prognosis will be more optimistic than in serious cases.
Psychiatric harm Moderate £5,500 – £17,900 This bracket will include injuries that cause the sort of problems associated with the injured person’s ability to cope with life, education, work and relationships. However, the prognosis will be good and there will have been marked improvement.
Psychiatric harm Less severe Up to £5,500 Awards within this bracket will take into account the extent to which the injured person’s sleep and daily activities were impacted.

Of course, we can provide a free, no-obligation estimation of how much compensation you could be owed. Get in touch with our team today to find out more.

No Win No Fee Lawyers For A Bath Council Data Protection Breach?

You may have heard the phrase No Win No Fee before, but what exactly does it mean? A No Win No Fee agreement is also referred to as a Conditional Fee Agreement (CFA). It sets out the things your lawyer is expected to do before charging you for representation.

You won’t be asked to pay anything in order for the solicitor to start working on your claim, or while it’s ongoing. You also won’t be asked to pay your solicitors fees if they aren’t successful.

If the claim is a success, your lawyer will be paid a modest success fee, which can be deducted from your compensation. There is a legal limit to how much this fee can be, expressed as a percentage.

To learn more about funding a solicitor in this manner, please call and speak to a member of our claims team. You can do this using the contact details in the next section.

Finding An Expert Solicitor

Finding the right legal team to process your claim is very simple, as we have come up with three simple steps for you to follow. You can:

  1. Call and talk to one of our claim advisors. They can answer all of your questions and explain how we can help you.
  2. A claims expert will evaluate your claim for you. They can also tell you whether they think it has a good chance of success.
  3. If so, a data breach lawyer will then start processing a claim on your behalf.

Contact Us

If a Bath Council data protection breach were to occur, then we could help. Do you need free legal advice on whether your claim is valid? Or would you like information on how to find the right lawyer to process a claim for you? Then please use the contact information below to get in touch with us any time of the day or night, 7 days a week.

You can get in touch by:

Find Similar Articles

Below, we have included some relevant internal and external links that you may find useful:

FAQ Questions And Answers

Here in this section, we are aiming to answer some of the commonly asked questions that people have when making a data breach claim.

Has my data privacy been breached?

If your personal data has been exposed, you may not become aware of this straight away. However, some things that could indicate that you’ve been the victim of  a data breach include:

  • Changes that you have not requested
  • Money missing from your bank account
  • A threat or message from a hacker

Who am I eligible to claim against?

You could be able to claim against any organisation that fails to secure your personal data. In order to claim, you need to show that the organisation’s failings led to the data breach and that the breach caused you harm.

How long does a public sector body have to report a data breach?

If a data breach has affected the rights and freedoms of the data subject, this should be reported to the ICO within 72 hours. The data subjects who are affected should be told without undue delay.

Thank you for reading our guide on steps to take should a Bath Council data protection breach take place.

Written by Wheeler

Edited by Stocks

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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