Cheshire Constabulary Data Breach – Can I Claim?
Welcome to this guide, where we’ll look into the steps you could take if affected by a Cheshire Constabulary Data Breach. UK police forces collect, store and process large amounts of personal data in the course of their duties. Whether Cheshire Constabulary is your employer, or they hold your data for another reason, you could be eligible for data breach compensation if you suffer harm as the result of a data breach.
But what is considered a data breach? This guide aims to give you information on whether you could be eligible to claim if a police force exposes your personal data and you’re caused harm as a result.
In the below guide, we answer questions relating to cases of police data protection breaches, such as:
- What steps should I take after a police data breach?
- Could a data breach lawyer represent me on a No Win No Fee basis?
- What compensation for a data breach under the GDPR could I be eligible for?
Cheshire Constabulary data breach claims guide
We also explain how and when you should report a data breach to the Information Commissioner’s Office and the role they can play in investigating your data breach. We also offer examples of cases of police data protection breaches.
If you would like to make a claim after reading this guide, or you have further questions about data breach claims, please contact us. You can reach our knowledgeable team of advisors on 0800 073 8804.
Select a Section
- What Are Cheshire Constabulary Data Breaches?
- How Can The Data Protection Act Be Breached By The Police?
- Cheshire Constabulary Data Protection Breach Statistics
- What Should I Do After A Cheshire Constabulary Data Breach?
- How Much Compensation Could I Get For A GDPR Breach?
- When A No Win No Fee Data Breach Solicitor Could Assist You
- Get Advice If You Were A Victim Of A Data Breach
What Are Cheshire Constabulary Data Breaches?
The General Data Protection Regulation is an EU law that was enshrined in UK law under the Data Protection Act 2018 (DPA). We now refer to an updated version of the DPA alongside the UK GDPR as the regime that dictates how personal data should be processed.
Personal data is classed as information that can be used to identify you. It can either be stored physically or digitally.
Under this legislation, organisations that process your data should protect it. The role of the Information Commissioner’s Office (ICO) is to enforce data protection in the UK.
They could take action against those who expose personal data in the UK. While the ICO could not pay you compensation for a GDPR data breach, Article 79 of the GDPR allows victims of data breaches to claim compensation. We could provide you with a data breach lawyer to assist with this. But first, let us explain what is considered a data breach and look at how a Cheshire Constabulary data breach could happen.
A data breach, according to the ICO is a security incident that could happen as the result of a malicious attack by a cybercriminal. However, a data breach could also happen accidentally. It could affect data held digitally or physically.
A data breach is defined as a security incident that results in the following:
- Unlawful loss of or theft of personal data
- Unauthorised or unlawful destruction of personal information
- Unlawful or unauthorised transmission, disclosure, processing or alteration of personal data
- Unauthorised or unlawful access to personal data
How Can The Data Protection Act Be Breached By The Police?
When you think of data protection, you might assume that it relates to data that is stored digitally. However, there are lots of ways in which the police could breach the UK GDPR that are not related to cyber security.
Examples of how a Cheshire Constabulary data breach could happen could include:
- Police officers losing their police notebooks which contain personal data
- A failure of a police officer to blind carbon copy (BCC) people into an email, exposing people’s email addresses
- Sending a fax from the police to the wrong person because their contact details had not been updated
- A failure to redact personal information before sending data to a third party
- Files containing personal data not being disposed of in the correct manner.
To make a claim for compensation for a data breach under the GDPR, you would have to prove that failings on the part of the police force led to the breach which caused you harm. You could then receive compensation for any financial impact or psychological injury the breach caused.
Cheshire Constabulary Data Protection Breach Statistics
If you are wondering whether a Cheshire Constabulary today breach would be a common occurrence, we can inform you that in the justice sector, the ICO received 40 data security incidents reported in Q2 2021-22.
The most common single non-cyber security incident reported in this time frame was loss or theft of paperwork. The only reported cyber security incident in this time frame was 3 instances of ransomware.
It is not clear whether any of these security incidents involved Cheshire Constabulary. However, it does show that breaches in the justice sector do happen.
What Should I Do After A Cheshire Constabulary Data Breach?
If your data has been exposed in a way that threatens your rights and freedoms, you should be told about this by the organisation processing the data. You should be informed about a breach without undue delay.
If you don’t get told about a breach, but you’re concerned about the way an organisation is using your data, you can get in touch with them to express your concerns, escalating it if necessary.
If you’re unhappy with the way they’ve dealt with your concerns, you can report this to the ICO. However, you should do this within 3 months of the last meaningful contact you had with the organisation.
We recommend getting in touch with a solicitor to work on your claim. They may be able to win you compensation
How Much Compensation Could I Get For A GDPR Breach?
As the victim of a Cheshire Constabulary data breach, you could claim compensation under the GDPR for both material and non-material damages.
Your material damages payout could include any financial impact that the breach has had on you. For example, if your bank details were stolen, you could claim back the value of any money stolen. You could also claim for an impact on your credit score.
Your non-material damages payout could include psychological injury compensation. If you have suffered anxiety, depression, stress or Post Traumatic Stress Disorder, you could claim for this.
Your claim could be assessed alongside the Judicial College Guidelines to see what level of compensation could be appropriate. These are usually used to value personal injury claims; however, since Gulati vs MGN [2015] these guidelines can also be used to value data breach claims.
We have provided you with a table with figures from this publication below. Alternatively, you could use a compensation calculator to get a rough idea of the compensation you could be entitled to.
| Injury/Condition | Compensation Guideline Bracket | Remarks |
|---|---|---|
| General Psychiatric Damage | £51,460 – £108,620 | Severe |
| General Psychiatric Damage | £17,900 – £51,460 | Moderately severe |
| General Psychiatric Damage | £5,500 – £17,900 | Moderate |
| General Psychiatric Damage | £1,440 – £5,500 | Less severe |
| PTSD | £56,180 – £94,470 | Severe |
| PTSD | £21,730 – £56,180 | Moderately Severe |
| PTSD | £7,680 – £21,730 | Moderate |
| PTSD | £3,710 – £7,680 | Less severe |
If you would like us to give you further guidance on the compensation you could claim for a police breach of the Data Protection Act, we would be delighted to help you. We could provide you with a data breach solicitor who could fight your claim under a No Win No Fee Agreement.
When A No Win No Fee Data Breach Solicitor Could Assist You
A No Win No Fee agreement could enable you to fund your claim without having to pay large upfront or ongoing fees to your solicitor. It would mean you would not have to pay legal fees upfront. You also won’t be asked to pay your solicitors fees in the event of an unsuccessful claim.
Your data breach solicitor would deduct their success fees your final compensation payout. Success fees are legally capped and are calculated as a percentage of your compensation.
Before your data breach solicitor could take your claim on with this kind of agreement, they assess the validity of your claim. They’ll look at:
- Whether a data breach occurred
- If it was the police’s wrongdoing that led to the breach
- What harm you experience because of the breach
- Whether your claim is under the time limit according to the Limitation Act 1980 – this is generally 1-year time limit for breaches by public bodies, and 6 years for claims against other bodies.
Would you like us to assess your case to see if you could make a No Win No Fee claim? If so, you can get in contact to tell us the details of your Cheshire Constabulary data breach. We could then assess the validity of your claim.
Get Advice If You Were A Victim Of A Data Breach
Getting advice and support for a Cheshire Constabulary data breach claim is easy when you call our team. Our expert advisors could provide you with a free, no-obligation eligibility check.
We could also speak to you about making a No Win No Fee claim with a data breach lawyer with excellent reviews. Our specialist solicitors, that are authorised and regulated by the Solicitors Regulation Authority (SRA), can work to get you the outcome you deserve. To contact us:
- Call 0800 073 8804
- E-mail info@legalexpert.co.uk
- Complete the contact form
- Use Live Chat to talk to us
Useful links related to a data breach
Blackbaud Data Breaches- This guide will explain how you can spot a Blackbaud data breach and the steps you can take if one has affected you.
Bank Data Breaches– A bank data breach could cause you a great deal of harm. Read this guide for more information on the steps you could take if affected.
Nursery Data Breach– Visit our page on the steps you could take after a nursery data breach.
NCSC Guidance– Here, you can find information guides relating to protection relating to cyber security.
ICO Enforcement Actions– Take a look at ICO enforcement actions here.
Your Data Matters – An ICO guide on your data rights.
Other Guides That May Help
- Solicitors Lost My Medical Records – Can I Claim?
- Sickness At Work Data Breach Compensation Claims
- UK GDPR Breach Compensation Claims
- Child Custody Data Breach Claims
- Estate Agent Data Breach Claims
Thank you for reading our guide on what could entitle you to make a Cheshire Constabulary Data Breach claim.
Written by Jeffries
Edited by Stocks
