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Corby Borough Council Data Breach Claims

The focus of this guide is on steps that could be taken if a Corby Borough Council data breach occurred. We have provided this guide looking at what makes a person eligible to make a data breach claim. Reading this guide is going to teach you about the reason why you could have a valid claim. Additionally, you will learn about how to find a good legal team to process a claim for you.

Corby Borough Council data breach claims guide

Corby Borough Council data breach claims guide

Something to keep in mind though, is that every claim is at least somewhat unique. Therefore, your claim will have specific aspects that it shares with no other claim. In short, we can’t hope to cover every possible scenario in one guide. However, if you do find that you have questions that this guide does not address, we can still help you. Our claims team is available 24 hours a day, throughout the week. You can call them on 0800 073 8804. When you do, they will answer all of your questions, and also explain other ways we can help with your claim.

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A Guide On Claiming Should A Corby Borough Council Data Breach Occur

If a Corby Borough Council data breach occurred it may not always be obvious what steps you could take. So this guide contains all of the basic advice and information you may need if you ever become a victim of a data breach. Some basic background is given at first. We have added a graph showing the causes of non-cyber data security incidents in central Government. This is followed by an introduction to what a local authority data breach claim is. As well as a discussion of applicable legislation and also the types of data protected by law in the UK.

Next, we move on to look at how the council has to comply with laws related to data security and privacy. Additionally, we have added some examples showing how your data could be compromised.

The complaint, reporting and claims process comes next. You will learn about the steps that you can take if you believe your data has been put at risk. Including how to start a claim.

The guide then moves on to address several key financial aspects of the claims process. You will learn about the reasons why you could seek damages. Additionally, an example compensation table has been added. The fee structure for a No Win No Fee agreement is also explained.

At the end of this guide we have added some basic advice on finding a solicitor, and also starting a claim. We close this guide with some relevant links and a Q&A section.

Claim Time Limits

This time limit is driven by the unique circumstances of your claim. In short, you must begin your claim within:

  • One year, if the claim is against a public body.
  • For all other claims, you have up to six years

However, in some rare circumstances, this time limit can differ. If you call and explain your case to our team, they can advise you on the correct time limit.

Cybersecurity Statistics

UK data security and privacy laws are overseen by the Information Commissioner’s Office (ICO). Later in this guide, we will explain how the ICO can be contacted to complain about a data breach. For now, we are interested in the publicly available datasets that the ICO maintains. We used a subset of this data to create the graph below. It shows the causes of non-cyber data security incidents in Government.

Causes Of Data Breaches

What Could A Data Breach At Corby Borough Council Be?

Your local authority has to protect your private or special data at all times. This is a legal obligation. Therefore, a failure to comply with all relevant data privacy and security laws could mean a data controller- those who collect personal information – may be fined.

A data breach is when a security incident means that your personal data has been, lost, stolen, altered, destroyed or accessed without authorisation either accidentally or deliberately. Personal information is anything that can be used to identify you. To hold a data controller liable for a breach of your data you must be able to establish they failed to protect it.

Rules & Regulations

Before leaving the EU, the UK used the European Union’s (EU) version of the General Data Protection Regulation (GDPR). But since leaving the EU, UK specific laws have come into play. These include what is known as UK GDPR and the newly altered Data Protection Act 2018 (DPA) applies.

Applicable Data

Not all data has to be protected under UK GDPR. Only a subset of data falls under these regulations. Namely, your personal and special data. Perhaps an explanation would be in order here.

  • Personal data is information that is directly related to you. Such as your name, address and telephone number. Also, key data such as your bank account details for example.
  • Special category data is information that can be used to find out facts about you. As examples, your political beliefs, religious beliefs, genetic data, racial background, etc.

The UK GDPR And Borough Councils

Data controllers must abide by the UK GDPR when processing personal data. Any failure with compliance protocols could lead to a potential data breach. However, the seven core principles of the GDPR are quite comprehensive. Therefore, following them should secure your data. The seven principles of the GDPR are outlined below.

  • Do not keep personal data longer than is necessary.
  • Collecting personal data is legal, fair and transparent.
  • Personal and special data must be protected at all times.
  • Responsibility must be taken for all data related actions.
  • Data must be kept correct and up to date.
  • The ways that stored data is processed must be limited.
  • The volume of data stored should be minimised.

Should a Corby Borough Council data breach arise our team are here to help. All you need to do for free advice is call our claims team any time of the day or night.

Ways The Data Protection Act Could Be Breached

Some data breaches come down to simple mistakes. Yet others are more malicious, putting data subjects at considerable risk. Your data could be put at risk by events such as the ones below.

  • Some Information held about you, that contains your personal details, is accessed by a third party that has breached council cybersecurity.
  • An employee of the council accesses your personal data and then discusses it with somebody outside of work.
  • Physical records of your data, such as old files, are disposed of without following legal requirements for doing so cleanly.
  • A USB hard drive or memory stick that contains your data is lost or stolen.

The Corby Borough Council data protection officer would be the one to contact if you suspect a data leak. They would be able to tell you if one has taken place and if your data was involved. For information on data breaches call our team. Through an informal chat, you can ask questions and see what the eligibility criteria are for claiming.

Breaches Of Housing Services Privacy

If you are a council tenant or have regular dealings with Social Services, a council may collect even more data about you. In short, lots of your data can be stored on computer systems or in physical files. Securing personal data should be the priority of any data controller. Below we have provided examples of potential data breach scenarios so you can see how one could happen.

  • Information about social care related to you or your family is shared with a third party that has no authorisation to view it.
  • Following successful cyber attacks, a cybercriminal can access your tenancy agreement or rent statement.
  • Tenancy documents are sent to your landlord without redacting your personal data.
  • Digital records, such as your rent payment history, is displayed on a screen where anyone can view them.

Once again, to hold a valid data breach claim you must be able to prove that those you hold responsible for leaking your personal information had failed to protect it. If the council, for instance, had done all they could to secure your personal data but a leak happened anyhow a data breach claim would be less likely.

Should The Information Commissioner Be Informed?

If you think that your personal information has been exposed in a data breach, there are two things you might want to do before making a claim. Firstly, is to contact the council in question. You can ask whether a data breach has happened. And if it has, you can request a data protection impact assessment be made. The results of which, will tell you if and how badly your data has been affected.

Secondly, is to contact the ICO. You can report the data breach and make an official complaint. This has to be done in general, within three months from your last contact with the council.

How To Begin A Claim Against Your Local Authority

Beginning a data breach claim may seem rather complex. That is why although not necessary it is a good idea to have a legal representative on your side. A data breach solicitor will not only have the experience of dealing with cases like this but also the knowledge of what needs to be included. Call our claims team today. Don’t forget there is no obligation to proceed just because you have made a phone call. But your case can be reviewed for free.

However, if you would rather move straight on to the claims process, we can help. Just reach out to our team and explain your circumstances. Once our advisors understand your case better, they will let you know how best to proceed.

Who Could Be Compensated For Breaches Of Your Privacy?

Below we look at what could be included in a data breach compensation claim. Potentially, you can claim damages for two main reasons. First, for trauma, stress and psychological harm. Second, for monetary loss.

We can look to the case Vidal-Hall and others v Google Inc. which was heard in the Court of Appeal in 2015 for some background here. In short, this claim was successful. And as a result, the claimants successfully won damages for mental harm or stress, despite there being no financial loss associated with the data breach. In some cases, you may be able to do the same.

When it comes to financial loss, there are again two main causes. Firstly, all the costs associated with making a claim. Secondly, any monetary loss that was a direct or indirect result of your data being compromised.

How Could I Calculate Damages For A Corby Borough Council Data Breach

Previously, we mentioned how each claim is unique. This means that we cannot give an overall average estimate of damages you might receive for a successful claim for a Corby Borough Council data breach. But instead, we can provide you with a table that shows potential ranges of compensation. We based this table on guidelines produced by the Judicial College in England.

Edit
Degree of Harm Issue Potential Compensation Additional Data
Moderate Psychiatric issues £5,500 – £17,900 Mental harm of moderate severity fits into this heading. Possible causes for this may include a traumatic and stressful event. Any ongoing symptoms should not be a concern after recovery.
Moderately severe Psychiatric issues £17,900 – £51,460 Moderately severe mental harm falls into this heading. Such a problem is caused by trauma. The victim may continue to have post-recovery symptoms for some time, even after they have fully recovered.
Less severe Psychiatric issues Up to £5,500 In this category would be mental damage of a lesser severity. Traumatic events, for instance, could be the cause. Some victims may be able to recover almost completely after some time, but their ongoing mental health issues may still affect them in some way.
Severe Psychiatric issues £51,460 – £108,620 This category includes severe psychological harm. Traumatising events will generally have caused this problem. Even if the victim recovers partially with time, they are almost certain to have further mental health difficulties in the future.

No Win No Fee Solicitors For A Council Data Breach

Have you heard the phrase No Win No Fee before? You probably have, and already have a good idea of what it means. But, did you know it isn’t only personal injury claims that can be processed under such a fee arrangement? You could potentially use a No Win No Fee solicitor to make a claim for a data breach.

Under such an arrangement, you would not need to pay any fee for the solicitor to pick up and start working on your claim. You also don’t pay the lawyer as the claim proceeds, or if it is a failure.

But, if the claim is won, then you will most likely need to pay the lawyer a success fee. This fee is, however, limited by law. Additionally, it can be collected straight out of the compensation payment that the lawyer was sent for you. And then the lawyer will give you the leftover money.

For a fuller explanation of how such a claim works, you can call and speak to our claims team. They will explain how one of our solicitors can help you in the same manner.

How Do I Find A Specialist Lawyer?

In order to have the best chance of winning your data breach claim, and getting the most compensation possible, you should consider using a specialist claims lawyer. This would be a solicitor with a deep knowledge of the claims process, and plenty of experience helping claimants such as yourself.

Our lawyers are all experienced in helping claimants like yourself get the maximum level of compensation possible. You should call and speak to one of our expert advisors. They will tell you how we can help get your claim started quickly, and arrange for a solicitor to begin processing it.

Talk To An Expert

Thank you for reading our guide on steps to take should a Corby Borough Council data breach arise. Perhaps you are ready to proceed with a claim right away? Our claims team is on hand to help you. Just give them a quick call using the contact details below. An advisor will evaluate your claim for you, and if applicable, walk you through the new claims process. Quick, simple and painless. And because the claim will likely be made under a No Win No Fee agreement, you don’t have to pay any upfront fees to your lawyer. You really do have nothing to lose by contacting us.

Telephone: 0800 073 8804

Use our webchat or fill in a contact request.

Useful Pages

All of the links below lead to external sites with some good info.

Also, you might find it educating to read over these other guides that we have published.

FAQs About Borough Council Data Protection

Below, are a few simple answers to some of the questions you might have about making a claim for a data breach.

Where can I find information on data protection laws?

Towards the beginning of this guide, we have added some links that have information about UK data privacy and security laws. Firstly, UK GDPR and secondly, the Data Protection Act.

What are my data protection rights?

UK GDPR provides you with a number of rights, not least of which is your right to make a claim for a data breach. The same links discussed above, will provide you with more information about your full rights under UK GDPR.

What is the UK GDPR?

UK GDPR is the General Data Protection Regulation. But, not including the Data Protection Act, which stands as a unique body of legislation, complementary to UK GDPR.

How long do I have to claim?

In general, you are going to have one year to start a claim for a data breach against a public body. However, there are factors that can have an impact on this deadline. If you call our claims team, you can explain your circumstances to them. If your situation will affect this one-year deadline, they will let you know.

We hope this guide has answered your questions. For more advice on the process if a Corby Borough Council data breach ever occurred call our team today.

Written By Wheeler

Edited By Melissa.

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    • 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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