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Derbyshire Police Data Breach – Can I Claim?

In this article, we are going to discuss what steps you could take following a Derbyshire police data breach. Laws have been introduced in recent years to try and help keep personal data safe. For example, the Data Protection Act 2018 (DPA) was enacted and sits alongside the UK GDPR.

Derbyshire police data breach

Derbyshire police data breach

Where organisations that process personal data break the rules, they may face an investigation from the Information Commissioner’s Office (ICO). Additionally, if any individual whose personal information is processed (the data subject) is consequently harmed by a data breach, they could claim. That may be the case if the organisation responsible has failed to protect their personal information properly. Claims might be possible if the data breach has caused you to suffer financially or mentally. For example, you could claim for anxiety or even symptoms of Post-Traumatic Stress Disorder (PTSD).

If you believe you’ve suffered because of a data breach, we can help. Legal Expert offers a free review of any claim and will offer no-obligation advice. If your claim appears to have strong grounds, we could connect you with one of our data breach lawyers. They’ll represent you on a No Win No Fee basis if your claim is taken on.

To learn how we can help right away, please call our advisors on 0800 073 8804 today. Otherwise, to learn more about what could happen after Derbyshire Constabulary data breaches, please read on.

Select a Section

  1. What Is A Derbyshire Police Data Breach?
  2. How The Constabulary Could Breach Your Data Privacy
  3. Derbyshire Constabulary Data Breach Figures
  4. Steps To Take After A Derbyshire Police Data Breach?
  5. How Much Are Data Breach Claim Payouts Worth?
  6. Should I Claim With A No Win No Fee Data Breach Solicitor?
  7. Get Advice If You Were The Victim Of A Data Breach

What Is A Derbyshire Police Data Breach?

The ICO explains that, according to the UK GDPR, personal data is information about individuals that can

  • identify them directly; or
  • help to identify them when combined with other information.

Personal data breaches can be deliberate or accidental. They happen when a security breach causes personal data to be lost, changed, destroyed, accessed or disclosed without a lawful basis. Importantly, for a personal data breach to lead to a compensation claim, you would need evidence that:

  1. The incident caused you to suffer financial loss or psychological harm (or both)
  2. The incident was caused by the positive wrongful conduct of the organisation that was supposed to protect your personal data.

As an example, you could be entitled to claim data breach compensation if personal data was stolen by a cybercriminal because of the organisation’s substandard cybersecurity systems. However, a claim might not be possible if the IT systems were hacked and personal data taken despite having the best possible security systems in place.

If you have suffered from stress, anxiety, embarrassment (or any other mental harm) or lost money as a result of a personal data breach, you could have grounds to seek compensation. If you have evidence of a valid claim, why not call our advisors today?

This guide looks at what you could do following a Derbyshire police data breach. However, if you would have unanswered questions by the end of this guide, why not get in touch?

How The Constabulary Could Breach Your Data Privacy

We are now going to review a few scenarios that could result in a police data breach. We haven’t listed every possible scenario here but some examples include:

  • Where portable devices (memory sticks, laptops, etc.) containing unsecured personal data are stolen or lost.
  • If an email, fax or letter containing personal data is sent to an unauthorised recipient.
  • If police reports or other paperwork containing personal data end up in the public domain after being stolen.
  • Where police officers or other staff are overheard discussing a case where personal information is disclosed in the presence of those unauthorised to hear it.
  • If personal data is not redacted in publically-published reports without a lawful reason.
  • Where the BCC field is not used when sending emails to members of the public who aren’t authorised to see each other’s personal data, meaning recipients can identify others who were sent the message.
  • Where computer systems or paperwork are not destroyed securely when they are no longer needed and are, therefore, accessed without a lawful reason.

If you’ve suffered as a result of a police data breach, why not call today to find out your options?

Derbyshire Constabulary Data Breach Figures

We recently sent a Freedom of Information (FOI) to Derbyshire Constabulary to find out how many data breaches had occurred from 2019 until November 2021. In their response, they provided the following statistics relating to personal data incidents:

Data Incident Total Reports Since 2019
Data emailed to the wrong recipient 79
Data left in an insecure location 21
Data posted to incorrect recipient 52
Failure to redact 9
Insecure paperwork disposal 2
Loss or theft of paperwork 14
Loss or theft of unencrypted device 3
Unauthorised access to police systems 16
Unauthorised disclosure 105
Verbal disclosure 3

In total, data relating to 304 incidents was contained in the FOI response. The two main types of data incidents were unauthorised disclosure and data being sent to the wrong recipient.

The response also stated that civil action has been taken twice against Derbyshire Constabulary in relation to incidents since 2019 but we cannot be certain if they are linked to the incidents in our table.

This guide explores what you could do following a Derbyshire police data breach. However, if you need any questions answered after reading, why not reach out?

Steps To Take After A Derbyshire Police Data Breach?

When organisations identify that a personal data breach has occurred, they may need to contact you and let you know about it if it risks your rights and freedoms.

If you receive a letter or email confirming your data has been compromised, it could be used as evidence to support any subsequent claim. However, if you don’t have the letter to use as evidence, how can you prove that a data breach has taken place? Well, you could:

  • Complain formally to raise your concerns. After you receive a response, you may wish to escalate your complaint if you’re still not happy.
  • Ask the ICO to investigate your concerns. You should do this within 3 months of the final, unsatisfactory update about your complaint.
  • Speak to a data breach solicitor to see if you have the grounds to take legal action.

You can seek legal advice whether the ICO have investigated the data breach or not. If your case is taken on by one of our data breach solicitors, it is possible that your claim could be settled amicably and without involving the ICO at all. To check whether one of our No Win No Fee solicitors could help you to claim, please give us a call today.

How Much Are Data Breach Claim Payouts Worth?

The ICO advises that you could have the right to claim compensation for the following in a data breach claim:

  • Material damage. To recover any costs, expenses or financial losses sustained because of the breach.
  • Non-material damage. Where you could claim for any psychological harm caused by anxiety, distress or similar conditions.

To demonstrate what level of compensation can be awarded for any psychological injuries, we’ve provided a compensation table below. It is based on Judicial College guideline compensation figures that solicitors and lawyers use when assessing settlement amounts.

Injury Severity Grade Settlement Bracket Additional Details
PTSD Severe (a) £56,180 to £94,470 Permanent symptoms affecting all aspects of the claimant’s life.
PTSD Moderately Severe (b) £21,730 to £56,180 Significant initial symptoms but with a chance of improvements with professional support.
PTSD Moderate (c) £7,680 to £21,730 The claimant will have largely recovered with only minor symptoms continuing.
Psychological Damage Severe (a) £51,460 to £108,620 A very poor prognosis – life in general, work and relationships will all be affected.
Psychological Damage Moderately Severe (b) £17,900 to £51,460 A more optimistic prognosis – suffering will be significant initially though.
Psychological Damage Moderate (c) £5,500 to £17,900 A good prognosis.

If you’ve suffered because of a Derbyshire Police data breach, have evidence that would justify a claim and would like advice on what to do next, please contact our advisors today.

Should I Claim With A No Win No Fee Data Breach Solicitor?

Our solicitors understand that nobody wants to risk losing money on solicitors’ fees when taking legal action. For that reason, they work on a No Win No Fee basis for all claims they take on. Before taking on your claim, they will need to review whether:

  • There’s evidence that a data breach has occurred and it involved your personal data.
  • The organisation you’re claiming against was responsible for the breach in some way.
  • You were harmed (financially or psychologically or both) as a direct result of the personal data breach.

If your case is accepted, you’ll receive a Conditional Fee Agreement (CFA). This is a different term for a No Win No Fee agreement. This document will clearly show what your solicitor must do before you need to pay their fees.

If compensation is paid, your solicitor will deduct a fee from your award. This is known as a success fee which, by law, is capped to a smaller percentage. You do not pay this fee if your claim doesn’t work out.

Another check your solicitor will need to make is whether you’re claiming within the applicable time limits. The time limit for data breach claims against the police and other public bodies can be as little as 1 year. In other cases, a 6-year limitation period may apply.

Get Advice If You Were The Victim Of A Data Breach

To contact us about a data breach, you can:

Complain To The ICO – Details on how to raise concerns about data protection issues.

Anxiety Advice – Information about the physical and psychological symptoms of anxiety.

Report a Data Breach – Report a breach to the ICO.

Employer Data Breaches – Guidance on how to claim against the company you work for.

Loss Of Personal Data – Information on what to do if an organisation loses your personal data.

Banking Data Breaches – Details on what to do if you’ve suffered following a data breach by your bank.

Other Guides You May Find Helpful

Thanks for reading this article on your potential options if you’re affected by a Derbyshire police data breach.

Written by Hambridge

Edited by Victorine

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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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