My Personal Data Was Breached Via WhatsApp – Can I Claim Compensation?
In this guide, we will discuss the eligibility criteria that must be met to bring forward a compensation claim if your personal data is breached via WhatsApp. Throughout this guide, we will discuss the definition of a personal data breach, how such an incident could occur, and the benefits of using a No Win No Fee solicitor to make your claim.
My Personal Data Was Breached Via WhatsApp – Can I Claim Compensation?
Additionally, we will provide information regarding the data protection laws in place to protect your personal information. Together, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) govern how data controllers and processors handle personal data.
Data controllers make the overall decisions regarding the purpose and means of processing the personal data of data subjects. They can recruit data processors to act on their instructions. Both must adhere to data protection laws.
If you have any questions about making a personal data breach claim, please contact us at Legal Expert to speak to one of our advisors. They are available 24/7 to both provide confidential advice and perform a free assessment of your claim. Also, should they find that you could have a valid basis to bring forward a personal data breach claim, they may put you in contact with one of our No Win No Fee data breach solicitors.
To speak to an advisor, you can:
- Call us on 0800 073 8804
- Contact us via our online form
- Use our live support chat feature on this page
Select A Section:
- What Is A Data Breach Via WhatsApp?
- What Data Could Be Breached Via WhatsApp?
- How Could A Data Breach Happen?
- Screenshots Of My Data Were Shared On WhatsApp, Can I Claim?
- What Could I Claim If My Data Was Breached Via WhatsApp?
- Get Help Claiming If Your Data Was Breached Via WhatsApp
What Is A Data Breach Via WhatsApp?
There are criteria of eligibility that must be met to make a claim should your personal data be breached via WhatsApp. This is as follows:
- Firstly, the data controller or processor responsible for handling your personal data failed to adhere to data protection laws.
- Then, this caused a breach involving your personal data.
- Finally, as a result, you suffered from financial losses or psychological harm.
The Information Commissioner’s Office (ICO) is an independent body operating in the UK to uphold personal information rights. They broadly define personal data breaches as security incidents that affect the confidentiality, availability or integrity of personal data in both physical and digital forms. These are both protected under data protection laws.
Get in contact with a member of our team to learn whether you could be eligible to make a claim after your personal data was breached via WhatsApp.
What Data Could Be Breached Via WhatsApp?
If your personal data has been collected or processed by an organisation, and then shared on WhatsApp, you could be eligible to make a personal data breach claim. Personal data is information that can be used to identify you as a living person. Below, we have given some examples of personal data that is covered by the UK GDPR:
- Your date of birth
- Name
- Home address
- Email address
- Phone number
- Credit card details
Furthermore, special category data, which is protected under Article 9 of the UK GDPR, is also a kind of personal data. This is data that is sensitive in nature and requires extra protection, such as your:
- Sexual orientation
- Political opinions
- Racial or ethnic origin
- Trade union membership status
If you suspect that your personal data has been breached via WhatsApp, we recommend that you seek legal advice. Our team of advisors are available all day, every day, to respond to any enquiries.
How Could A Data Breach Happen?
Data breaches can happen for a variety of reasons, from human error to criminal activity. Below we will provide some examples of how an organisation could mishandle your personal data, causing it to be breached via WhatsApp:
- An organisation, such as a university, could send a message containing your personal data to the incorrect recipient
- Verbal disclosure could occur if your employer shares your personal data over a WhatsApp call with an unauthorised colleague
- An employer could send a disciplinary notice in a group chat where it could be accessed by anyone in the chat
Get in touch with our team today to learn more about making a personal data breach claim.
Screenshots Of My Data Were Shared On WhatsApp, Can I Claim?
If a data controller or processor shared screenshots of your personal data without a lawful basis to do so, this could be a breach of the UK GDPR. Data controllers are responsible for establishing a lawful basis to process your data, and if they intend to process your special category data, they must also establish a separate condition for processing under article 9 of the DPA.
The lawful bases for processing personal data, including screenshots of personal data, are outlined in Article 6 of the UK GDPR, and are as follows:
- Contract
- Consent
- Vital interests
- Legal obligation
- Public task
- Legitimate interests
The purpose of sharing personal data can determine which lawful basis is most appropriate. No one lawful basis holds more validity than the others. As such, if an organisation shares screenshots of your personal data without consent, you may not be able to make a claim, so long as another basis was established.
What Could I Claim If My Data Was Breached Via WhatsApp?
If you were to bring forward a successful claim after your personal data was breached via WhatsApp, you could be eligible to receive data breach compensation for two kinds of harm. These are as follows:
- Non-material damage – The psychological harm caused by the personal data breach. This could include anxiety after a breach, stress due to a breach, depression, and in extreme cases, post-traumatic stress disorder (PTSD).
- Material damage – The financial losses you have suffered as a result of the personal data breach.
Below you can find a table of figures from the Judicial College Guidelines (JCG) representing guideline non-material damage compensation amounts. Solicitors and other legal professionals can use the JCG to help them value a variety of compensation claims.
| Psychological Injury | Level of Severity | Details | Compensation Brackets |
|---|---|---|---|
| Psychological Injury | (a) Severe | The person will have marked problems in multiple areas of their life, such as their relationships, future vulnerability and their ability to cope with life. The prognosis of the injury is very poor. | £54,830 – £115,730 |
| Psychological Injury | (b) Moderately Severe | The person will have significant problems in multiple areas of their life, such as their relationships, future vulnerability and their ability to cope with life. The prognosis of the injury will be much more optimistic than in the case above. | £19,070 – £54,830 |
| Psychological Injury | (c) Moderate | While the person will have similar problems as the ones described in the brackets above, they will have markedly improved by trial. The prognosis of the injury will be good. | £5,860 – £19,070 |
| Psychological Injury | (d) Less Severe | The award within this bracket will consider the extent of the effects of the injury and the length of the period of disability. | £1,540 – £5,860 |
| PTSD | (a) Severe | The person will be permanently affected, preventing them from operating at the same level as they did prior to the trauma. All aspects of their life will suffer bad effects. | £59,860 – £100,670 |
| PTSD | (b) Moderately Severe | This bracket differs from the one above as the person will have a better prognosis for some amount of recovery with professional help. | £23,150 – £59,860 |
| PTSD | (c) Moderate | The person will make a large recovery and any effects that continue won’t be grossly disabling. | £8,180 – £23,150 |
| PTSD | (d) Less Severe | The person will make a recovery that is virtually full within one to two years and only minor symptoms continue longer. | £3,950 – £8,180 |
Please remember these figures are a guide, and not a guarantee of what you could receive.
Material Damage
You may also suffer material damage as a direct result of a personal data breach. Compensation for material damage could cover:
- Damage to your credit score
- Money stolen from your bank account
- Loss of earnings
For insight into how much compensation you could be eligible to receive in a payout, speak to one of our advisors.
Get Help Claiming If Your Data Was Breached Via WhatsApp
You could choose to use a solicitor when making a compensation claim after your data was breached via WhatsApp. They may offer you their services under a Conditional Fee Agreement (CFA). Under a CFA, a No Win No Fee solicitor will generally not require you to make any payments for their services upfront, whilst your claim is ongoing, or if your claim is unsuccessful.
You may wonder, ‘what if my claim is successful?’ In this case, a solicitor under a CFA will commonly take a small percentage of your compensation. This is referred to as a success fee. The law caps this amount, and your solicitor will discuss this fee with you before entering into the agreement.
To speak to an advisor, you can:
- Call us on 0800 073 8804
- Contact us via our online form
- Use our live support chat feature on this page
Learn More About Data Breaches
Please take a look at more of the data breach guides on our website:
- Hotel Data Breach Compensation Claims
- Police Data Breach Compensation Claims
- Do Data Breach Protection Solicitors Offer No Win No Fee?
Additionally, explore these external sources for further reading:
- ICO – Your right to be informed if your personal data is being used
- ICO – Make a complaint
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide to the action you can take if your data was breached via WhatsApp.
Written by Wheeler
Edited by Oxland/Hampton
