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The City Of Lincoln Council Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? Amounts For Lincoln Council Data Breach

Have you suffered a City of Lincoln council data breach, whether it’s a rent statement data breach, social services data breach or any other breach of your personal information? Did you suffer both emotional and financial harm? Are you wondering is it possible to claim compensation for both the financial impact as well as any psychological injuries?

City Of Lincoln Council data breach claims guide

City Of Lincoln Council data breach claims guide

We have created this guide to explain about the data protection regulation, GDPR, and how it impacts your data protection. In the sections below, you can learn about the role of the Information Commissioner’s Office, the ICO, in upholding your data rights. You can also find out how much compensation for a data breach could be possible. We even explain how it could be possible to make a council data breach claim with a solicitor under No Win No Fee terms. If you’d like to speak to us at any point about making a claim, you can reach our team at any time on 0800 073 8804. We’d be glad to help you bring a claim for compensation.

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A Guide On Claims For A City Of Lincoln Council Data Breach

Have you suffered financially due to a council breach of personal information? Perhaps you’ve suffered psychological harm due to such a breach; including loss of sleep, distress, anxiety or depression? Data breaches could have a variety of consequences for victims, including identity fraud, theft, reputational damage and harm to mental health. If you’ve suffered any of these consequences of a data breach, and you could prove a council is at fault because they never secured your data correctly, could you be eligible for data breach compensation? We have created this guide to answer the questions ‘Can councils be in breach of GDPR, and if so, can I claim compensation for a data breach?’

Below, in the following sections, we describe what should form a key part of a council’s data protection policy. You may be questioning what a claim could include if a City of Lincoln council data breach was to occur? While claiming compensation as the victim of a data breach would not completely erase what’s happened, it could help you move on from the incident. In addition, it could help the defendant put protocols in place to avoid a similar incident occurring again with someone else’s personal information.

While you have 6 years to claim data breach compensation, or 1 year if you suffer a breach of human rights, it could be wise to claim as soon as you are able. If you’re concerned about the cost of legal fees for data breach solicitors, the later sections of this guide explain how you could fund one on a No Win No Fee basis. This means there would be no legal fees for you to pay until your compensation came through.

Facts On Cyber Security

While we do not have details of specific councils, the ICO has provided data relating to data security incidents in local government. As you can see from the graph below, there were 236 such incidents recorded in Q1 2021/22. The causes can also be seen in this graph.

City of Lincoln Council data breach statistics graph

If you believe a council data breach has caused you financial harm, stress, reputational damage or has violated your privacy, please get in touch. We would be glad to assess your case to see if you could be eligible for compensation.

What Could Be A City Of Lincoln Council Data Breach?

Whether you’re a council employee, a tenant or are in the care of social services, the local council could have collected, stored, or processed lots of your personal information. A council could potentially breach such personal data in various ways. A data breach might happen due to a cyber attack, an employee error or even mismanagement of your personal data.

Essentially, a data breach occurs when a security incident causes the unlawful or unauthorised:

  • Deletion of your data
  • Access to personal data
  • Transmission or disclosure of data
  • Loss or theft of personal data
  • Alteration of your data
  • Loss of availability of your data

To prove your claim, you would need to demonstrate that a council had done something wrong, however. This could include a failure to keep online security systems updated. It could also involve sending your data to someone else in error when they have your address. Are you wondering have you suffered a City of Lincoln council data breach? Would you like free advice about what your next steps could be? Why not call our data breach advisors today?

The ICO (Information Commissioner’s Office), which upholds the public’s personal data rights, has provided guidance on taking your case to court to claim compensation. However, many such claims don’t reach court. We could provide you with a No Win No Fee solicitor who could take action on your behalf. They could attempt to negotiate a settlement out of court or support you through the court process should it become necessary.

Can City Councils Be In Breach Of GDPR?

City councils, just like other data controllers, should ensure they have a robust data protection policy in place to prevent breaches of UK-GDPR. UK-GDPR, or the General Data Protection Regulation, is the most far-reaching security and privacy law to date. The UK has enshrined its application of this law into the Data Protection Act 2018. It requires data controllers to keep the following principles at the heart of all data processing:

  • Fairness, lawfulness and transparency
  • Specified, legitimacy and explicit purpose limitation
  • Storage limitation
  • Data minimisation
  • Accuracy
  • Security

UK-GDPR allows victims of personal data breaches to claim compensation for both non-material harm, which could include distress, as well as material damages. If you’d like to know what compensation you could be eligible for, please don’t hesitate to contact us for a free case assessment.

Common Ways Data Protection Breaches Could Affect Councils

As we mentioned, there would have to be some wrongdoing on the part of a council for you to claim data breach compensation. There are many different ways a council could potentially handle your personal data wrongly. Examples could include:

  • Not securing information held online
  • Not updating cybersecurity software
  • Leaving personal documents on a train, in a café or anywhere they could be accessed by unauthorised parties
  • Sending documents, such as tenancy agreements, tenancy audits, tenancy applications, which could include passport data and financial information to the wrong address when they have your correct address.
  • Failures to redact some personal data when sending information to a landowner
  • A failure to revoke access permissions of ex-employees
  • Social services giving sensitive personal data to unauthorised parties
  • Adoption records being disclosed to unauthorised persons

Have you suffered a City of Lincoln council data breach? If you’d like us to help you begin a claim, we’d be glad to speak to you.

Ways Councils Tenants Could Be Impacted By Data Breaches

Council tenants would usually have to give information to the council at the point of application for a tenancy. The council could also collect information during your tenancy. Such information could be included on:

  • Identification verification forms, which could include passport details
  • Statements of rent
  • Tenancy documents
  • Audit statements

Should a council fail to redact personal data when giving housing information to landowners or send your documents to the wrong address, when you’ve provided them with accurate up to date details, could you be eligible to claim data breach compensation? Also, would you need a data breach solicitor to help you begin your case?

Who Do Data Breaches Need To Be Reported To?

Data breaches that risk the rights or freedoms of a data subject must be reported to the ICO. If a City of Lincoln council data breach comes with such risks, the council must report it to the ICO within 72 hours. Included details would be; the nature of the breach, as well as how many individuals and records could be compromised. In addition, details of potential consequences and what remedial action they’ve taken or are taking. Details of the data protection officer could be included so the ICO can contact them.

If you’re wondering what happens if a data security breach occurs without risk to freedoms or rights of individuals, there is no need to report such a breach to the ICO. The council should still keep their own records of the breach, however.

Can I Claim Compensation For A Local Authority Data Breach?

You would not direct your claim to the ICO, however. If you suffered a  City of Lincoln Council data breach you could contact them if they have not already contacted you. You could ask them about the breach, what information has been exposed and how they are trying to rectify this. Also, you could opt to write to them, making a subject access request to find out what information they have. You could include details of the breach and how you’ve suffered because of it. If the council don’t respond in a satisfactory manner, you could report the breach to the ICO.

However, if there are delays in reporting such breaches to the ICO, they may not investigate. Even if you haven’t reported a breach to the ICO, you could still claim compensation. If you’ve waited three months for a meaningful response from the council and nothing is forthcoming, you could inform the ICO. We could help you begin a claim for compensation with a No Win No Fee solicitor.

How Much Compensation For A Data Breach Could I Claim?

Data protection law allows victims of data breaches to claim for material or non-material damages. But what does this mean?

  • Material damages are the financial impacts of a data breach. This could include the cost of theft or identity fraud, for example.
  • Non-material damages are those that are harder to calculate. They could relate to anguish, anxiety, stress, privacy violation, reputational damage and distress.

If you’re not sure what types of compensation you could be eligible for, you could call our team for clarification. We would be happy to offer you a free assessment, with no obligation to use our services. We could also answer any questions you might have about the claims process.

Calculate A Payout For Your Council Data Breach

In order to calculate a payout for a data breach, all evidence would be considered. The amount you could receive would depend on the impact of the breach and how serious it was. When it comes to material damages, you could claim for any costs or losses you could evidence were directly caused by the breach. However, you could also make a claim for psychological injuries caused by the breach. A case from 2015 set a precedent that could allow this, Vidal-Hall and others v Google Inc [2015] – Court of Appeal. 

Calculating such compensation may involve submitting medical evidence. Therefore, you may need to see an independent medical professional so that they could write a medical report. When it comes to the levels of compensation you could receive for such injuries, the table below illustrates the 2019 edition of the Judicial College Guidelines. It could give you a rough idea of how much compensation you could receive.

InjuryCompensation Bracket - ApproximateHow Severe?
General psychiatric damage£51,460 to £108,620Severe (a)
PTSD£3,710 to £7,680Less Severe (d)
General psychiatric damage£17,900 to £51,460Moderately Severe (b)
PTSD£7,680 to £21,730Moderate ©
General psychiatric damage£5,500 to £17,900Moderate ©
PTSD£21,730 to £56,180Moderately Severe (b)
General psychiatric damage£1,440 to £5,500Less severe (d)
PTSD£56,180 to £94,470Severe (a)
Reputational damageCall our team for insightCall our team for insight

Data Breach Solicitors No Win No Fee Agreements

If you are concerned about funding your solicitor upfront, this need not be an issue. Here at Legal Expert, our No Win No Fee solicitors would be able to take on your claim with no legal fees upfront. In fact, you’d only need to pay them once your compensation comes through.

They would need to send you a Conditional Fee Agreement to this effect, that you would need to sign. The document would include details of the success fee you’d pay once your compensation comes through. This is usually a small percentage of the eventual total payout and is subject to a cap.

Once your compensation comes through, the lawyer would deduct the success fee, and the rest of the payout would be yours. If there was no compensation arranged, you would not pay your lawyer the success fee, or for their costs. If you would like to ask us any questions about the way in which these claims work, we’d be happy to talk to you.

Find A Solicitor Who Could Handle A City Of Lincoln Council Data Breach Case

To find a solicitor who could handle a council data breach claim, you could search the internet or ask family or friends for recommendations. We would advise you to opt for a firm authorised and regulated by the Solicitors Regulation Authority. You could even go to review sites to find out what customers have said about certain law firms. However, there is a quick way to find a solicitor, and that’s by contacting Legal Expert. We could offer you a case assessment to see if you’d be eligible, free of charge. We could also provide you with a specialist solicitor to take on your case under No Win No Fee terms. With years of experience and great reviews, we’re in a great position to help you start your journey to compensation with confidence.

Get In Contact

To begin a claim or request a free case assessment, why not get in touch with our support service? There are a number of ways to do so, including:

Related Claims

The Data Protection Act 2018 – The legislation that protects your data can be found here.

GDPR – You can read the full text of the General Data Protection Regulation via this link.

What Should A Data Protection Policy Include? – The local government data protection policy can be seen here.

Data Breach Claims – General Guide – We’ve produced a general data breach claims guide here.

GP Data Breach Claims – Did your GP breach your data protection? If so, find out how to claim.

Employer Data Breach– If your employer breached your data, this guide could be useful.

Commonly Asked Questions

How Long Do Data Breach Claims Take To Payout?

If we referred to the information provided on every data breach claim’s journey, we would likely find that there are huge differences as to how long claims take to settle. Straightforward claims where the defendant admits liability could be settled quite quickly. However, if the defendant refutes your claim, it could take some time for you to receive a payout. Your case may even have to be heard in court.

How Do I Know If I Am Eligible?

If you suffer emotional or financial harm due to a breach of your personal information held by an organisation, you could be eligible for compensation. You would have to prove the other party did something wrong, however. To get a free assessment of your eligibility, please contact our team. We’d be happy to provide this.

How Soon Should Data Breaches Be Reported?

An organisation should report a data breach to the ICO within the space of 72 hours if it risks any data subjects’ rights or freedoms. When it comes to reporting a data breach as a victim, we would urge you to make a report or at least a subject access request to an organisation as soon as you become aware of it. This way, they could minimise the damage if they aren’t already aware of the breach that has impacted you. After all, it may have impacted other people too.

Are you wondering whether you may have suffered a City of Lincoln council data breach? Please contact us if you require any further information.

Written By Jefferies

Edited By Melissa.

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