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Charnwood Borough Council Data Breach Compensation Claims Guide – How Much Compensation Can I Claim?

Charnwood Borough Council Data Protection Breaches

In this guide, we look at what you could do following a potential Charnwood Borough Council data breach. If you’ve suffered psychological harm or financial loss due to a data breach caused by a council’s failings, you may be able to claim compensation.

Charnwood Borough Council data breach

This guide will answer important questions, such as:

  • What is a personal data security breach?
  • Under what criteria are you potentially able to make a successful claim?
  • What is the Data Protection Act 2018?
  • What is UK GDPR?
  • How can our No Win No Fee solicitors help you receive compensation?

Our advisors offer free legal advice so, if you have any questions concerning the claims process, please get in touch with us. They’re available 24/7 so you can do this at any time using the details below.

Alternatively, please read on to discover more about how you could claim for a council data breach.

Select A Section

  1. A Guide About If You Could Claim For A Charnwood Borough Council Data Breach
  2. How Frequently Do Data Breaches Happen?
  3. What Are Charnwood Borough Council Data Breaches?
  4. Is The Borough Council Bound By UK GDPR?
  5. Types Of Breaches In Borough Council Data Security
  6. Housing Services Data Protection Breach
  7. Who Can You Report A Data Security Breach To?
  8. How Do I Take Legal Action Against My Borough Council?
  9. What Could My Payout Compensate Me For?
  10. How Much Is A Charnwood Borough Council Data Breach Worth?
  11. Charnwood Borough Council Data Breach: No Win No Fee Payouts
  12. Finding The Right Solicitor For Your Case
  13. Contact A Legal Expert
  14. Related Guides
  15. FAQs

A Guide About If You Could Claim For A Charnwood Borough Council Data Breach

If you feel that there has been a lapse in a council’s data security that has resulted in a data breach, you could potentially claim due to the psychological and potential financial ramifications of this. Therefore, compensation calculations are based on aspects like the extent of the breach and how it has negatively affected your life.

Our solicitors work on a No Win No Fee basis. As such, if you choose to use them, there are benefits like not having to worry about paying legal fees upfront.

This guide will explain what a data breach is and in what instances you could claim, while also showcasing the amount your claim could be worth.

To claim damages for a data breach, you need to claim either:

  • Within six years
  • Within a year if it involves a breach of human rights

Even if council data protection has been breached due to their own security failings, you’ll be unable to claim if you’re attempting to do so outside of these respective timescales. Call our advisors using the phone number at the top of this page for more information about claiming.

How Frequently Do Data Breaches Happen?

A way that third parties, such as a council, can be deemed partly responsible for a data breach revolves around cybersecurity. If it’s revealed that their cybersecurity was not sufficient, then you may be able to claim for the potential financial or mental damage caused.

The Department for Digital, Culture, Media and Sport created the Cyber Security Breaches Survey 2021 concerning UK companies.

Four out of ten respondent businesses (39%) and 26% of respondent charities reported suffering cyber security breaches or cyberattacks in the 12 months prior to the survey. These breaches or attacks were higher amongst medium and large businesses (65% and 64% respectively) as well as high-income charities 51%).

Whether you want to claim for a council data breach or one involving a hospital or a Travelodge, if their cybersecurity was below the standard it should be and you suffered financially or mentally, you may be able to make a successful claim.

What Are Charnwood Borough Council Data Breaches?

A data breach is a breach of security resulting in:

  • The accidental or unlawful destruction of personal data
  • Unauthorised disclosure of personal data
  • Loss of personal data
  • Alteration of personal data
  • Unauthorised access to personal data

As such, it isn’t important whether the data breach was caused deliberately or accidentally. If a third party held your data and, due to their oversight, this data was lost or stolen, you may be able to claim compensation. It’s important to bear in mind that to make a successful claim for a council data breach, you need to be able to show that the third party holding your data did something wrong.

This could be, for example, the company not updating their cybersecurity or your information being sent to the wrong email address, despite them having the correct data. Data breaches can occur even when the third party is not at fault, however. In this instance, you may not be able to claim.

This guide aims to help you understand what you could do following a Charnwood Borough Council data breach. Why not reach out if you need anything else?

Is The Borough Council Bound By UK GDPR?

You may be wondering what the legal basis is for personal data rights in the UK. To explain this, we need to explain UK GDPR. UK General Data Protection Regulation is based on European-wide regulations that were put in place in 2018. These were designed to help clarify how companies can use your data and regulate them to stop your data’s misuse.

The UK GDPR sits alongside the Data Protection Act 2018. They are part of data protection law.

The regulations help establish how data collection and processing can take place. This is why if a council that processes personal data is deemed to have been partially responsible for social services information being exposed because it didn’t fulfil its obligations as a data controller, you may be able to claim. However, you’d need to prove that you suffered financial loss or psychological damage.

Alternatively, our advisors offer free legal advice so, if you have any questions about the claims process or you’d like to see if you’re eligible to claim, call them at a time that works for you. You can do this using the phone number at the top of this page.

Types Of Breaches In Borough Council Data Security

A council data breach can be many different things. To give you more information about what a data security breach could entail, this section will list scenarios that could lead to a successful claim. This will help provide a better understanding of your own situation. Examples of a data protection breach include:

  • Sending a rent statement containing personal information to the incorrect address when the correct one has been provided.
  • Emailing financial information to the wrong address, despite the correct one being on file. This could potentially lead to you being at risk of theft.
  • Insufficient cybersecurity meaning that the council is susceptible to a cyberattack. This results in the hacker obtaining personal information, such as your name and address.
  • Sharing identifiable information without a lawful basis due to an update in planning permission regulations in the area.
  • Sending tenancy documentation to your old address by mistake, where it’s accessed by an unauthorised person.
  • Sending staff personal data to incorrect email addresses where they’re accessed.
  • Sensitive and identifiable information being accidentally publically shared about people who have complained about their neighbours in the local area. This could add further stress and tension to your living situation.

It isn’t just third parties like councils that are potentially vulnerable to a data breach. Therefore, if you’ve suffered financial loss or mental harm due to a pharmacy data breach, such ones at  Superdrug or Asda, why not read our guides?

Housing Services Data Protection Breach

There are reasons that council data collection could be more expansive, resulting in them having a greater amount of your data. You could, for instance, be a council tenant. This potentially puts you at a greater risk of being negatively impacted if a council data breach occurred. Examples of incidents that could affect you include:

  • Tenancy documents containing personal information being accidentally sent to the incorrect email address.
  • Passport data, such as scanned copies, being given to the wrong person.
  • Failing to redact personal information when sending an information pack to local landowners who don’t have a lawful basis to see it.

Sensitive information, such as that held by social services, could also be mishandled. This could relate to a vulnerable child you have adopted, an adult you care for, or vulnerable adults you help. In this regard, a council data security breach could involve their personal information being accessed due to insufficient precautions being taken.

To know more about how you could claim for a council data breach, contact our advisors using the phone number at the top of this page.

Who Can You Report A Data Security Breach To?

Due to UK GDPR and the implementation of the Data Protection Act 2018, you can now claim compensation if a third party didn’t uphold their responsibilities, leading to a data breach and causing you financial loss or mental harm.

The Information Commissioner’s Office (ICO) enforces these data protection laws.

However, regarding making a complaint concerning a UK General Data Protection Regulation breach, the ICO states that you should:

  1. Firstly, contact the organisation responsible for protecting your personal data. This could be, for example, Charnwood Council. This is because they may offer some form of compensation once you clearly explain to them the nature of your complaint.
  2. Secondly, if you receive no response or an inadequate one, you could raise a complaint with the Information Commissioner’s Office.
  3. However, there is no requirement for you to contact the ICO. You can seek legal advice at any point.

However, there’s one thing to bear in mind. The ICO will not pursue a complaint if they feel there’s been an unnecessary delay in you contacting them. As such, if you do want to raise a complaint, make sure you do so within three months of the third party’s last significant correspondence with you.

This would be the case whether you want to pursue damages for a data security breach or if, for example, you want to pursue compensation for a bank data breach. To know more about doing this, visit these pages relating to the Bank of Scotland or Halifax.

How Do I Take Legal Action Against My Borough Council?

As explained above, the ICO recommends that you first contact the party that was supposed to protect your personal data. This is because they may accept blame and offer compensation to you without the need for legal proceedings. You could do this in relation to a Charnwood Borough Council data breach.

You could either:

  • Write to them
  • Email them
  • Call them

If the third party doesn’t accept that they were at fault for the data breach or are unwilling to provide adequate compensation, you could then contact the ICO or see if you could make a claim. Our advisors offer free legal advice so, if you want more information about the best course of action, contact them using the phone number above. They’re available 24/7.

What Could My Payout Compensate Me For?

You may be wondering, ‘What compensation could I receive for a council data breach?’ There are two potential heads of claim for a data breach claim:

  • Material Damages – This relates to the financial impact caused by the data breach, both currently and potentially in the future. After all, if bank account details have been shared with the wrong person, you could be at constant risk of theft.
  • Non-Material Damages – These relate more to the psychological impact the data breach could have on you. You could, for example, want to claim for the emotional distress caused by the loss of privacy.

To claim for either of these damages, you would need proof. For example, to prove non-material damages, you could use a medical assessment report. To evidence material damages, you could use bank statements or credit scores.

Compromised data could leave you at permanent risk. The compensation amount you could receive depends on how serious the data breach is and its impact on your life.

How Much Is A Charnwood Borough Council Data Breach Worth?

Leading on from this, you may be wondering how much your claim could be worth. It depends on the financial losses you have or potentially could incur. It also depends on the negative psychological impact the data breach has had on you.

You can now claim for the psychological impact of the data breach without needing to have suffered financial losses. This is due to a ruling in 2015 in the case of Vidal-Hall and others v Google.

The psychological impact of a data breach can be valued in the same vein as in personal injury claims.

Guidelines produced by the Judicial College can help provide you with a reliable estimate for the compensation you could receive for psychological harm caused by a data breach. The guidelines assess previous payouts for psychological damage, both in terms of the amount provided and the severity of the injury. As such, you can see a list of injuries and their respective compensation brackets (taken from the guidelines) below.

Type of InjurySeverityAmount of CompensationDescription
General Psychiatric DamageSevere£51,460 to £108,620The injured person will have marked, substantial problems that will greatly affect their ability to handle everyday life. The prognosis will be very poor.
General Psychiatric DamageModerately Severe£17,900 to £51,460There will still be significant issues to things like the injured person's ability to handle aspects of life, work and education but the prognosis will be better than the above bracket.
General Psychiatric DamageModerate£5,500 to £17,900Better prognosis than the above bracket due to symptoms not being as prolonged, resulting in a marked and obvious improvement.
General Psychiatric DamageLess SevereUp to £5,500There will be a better prognosis and compensation would be calculated based on, for example, how much daily activities and sleep were affected.
Post-Traumatic Stress DisorderSevere£56,180 to £94,470Cases in this bracket result in permanent effects that prevent the injured person from being able to function in a work environment or anywhere near their pre-trauma level. Every aspect of their life is significantly affected.
Post-Traumatic Stress DisorderModerately Severe£21,730 to £56,180Injuries in this bracket have a more positive prognosis than the bracket above. This is due to aspects such as their response to professional care. However, a large degree of disability will still be experienced in the immediate future.
Post-Traumatic Stress DisorderModerate£7,680 to £21,730Injuries like this will result in the injured person mostly recovering and any symptoms that they haven't fully recovered from won't be particularly disabling.

Call our advisors for helpful, free legal advice using the phone number above for more information about the compensation you could receive.

Charnwood Borough Council Data Breach: No Win No Fee Payouts

Our solicitors work on a No Win No Fee basis. This means that:

  • They will not request legal fees, either upfront or during the entirety of the claim.
  • Instead, they will take a small, legally capped portion of the compensation as payment for their work.
  • They will also not request legal fees from you if your claim is unsuccessful.

They are experienced and knowledgeable. As such, they can help regardless of whether you’re looking to claim against a local council, an estate agent or a university.

Finding The Right Solicitor For Your Case

You may be looking to use a solicitor close to where you live. However, this can sometimes mean that you don’t get the ideal solicitor for your case. You can use online reviews to help narrow down the search, making sure you hire one that’s appropriate for you.

If you prefer, we can put you in touch with our solicitors. They are experts and work on a No Win No Fee basis. Why not call today? (You’ll be under no obligation to proceed with these services.)

Contact A Legal Expert

Our advisors can quickly and easily inform you if you are eligible to make a claim. They offer free legal advice and, if you’re eligible, could put you through to our experienced solicitors in just a matter of minutes. Don’t delay. Call us today to see if you could receive thousands of pounds.

Related Guides

For more useful information, please use the links below.

The ICO provides more guidance about any concerns regarding your personal information.

To know more about cybersecurity, visit this webpage on the local government website.

Want to know how to make a complaint about a data protection breach? If so, visit this Government website.

To know more about claiming for an NHS data breach, visit our website.

Want to see if you can claim for a Holiday Inn data breach? Read our guide.

If you want to see if you can claim against Uber for a data breach, visit this page.

FAQs

For answers to frequently asked questions about data protection breaches, see below.

How could councils prepare for the UK GDPR?

By researching and reading the UK GDPR and making sure their systems are compliant.

What security measures could councils have in place?

They could, for example, have updated cybersecurity to make them less susceptible to hacks or cyberattacks.

Can data be stored outside the UK?

The UK GDPR restricts the transferring of personal data to countries, third parties or organisations outside the UK.

What are the 7 principles of the GDPR?

The seven principles are lawfulness, transparency and fairness; data minimisation; purpose limitation; accuracy; storage limitation; accountability; and integrity and confidentiality.

What rights does the UK GDPR give you?

UK GDPR gives you the following rights: access to your information, to be informed, rectification, erasure, restricting processing, data portability, to object and rights related to automated decision making and profiling.

Thank you for reading our guide on what you could do after a Charnwood Borough Council data breach.

Written by Durdy

Edited by Victorine

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