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Devon and Cornwall Police Data Breach – Can I Claim?

In this guide, we look at what steps you could take after a potential Devon and Cornwall Police data breach. There are many reasons why the police collect personal data. You may have been the victim of a crime. Or the police may have interviewed you as part of an ongoing investigation. Employers also collect data from their employees, so they can pay them, for example.

Devon and Cornwall police data breach

A guide on what could happen after a Devon and Cornwall police data breach

When the police collect personal data, they should protect it. Therefore, if a police data breach has impacted you psychologically or financially, you may be eligible to claim compensation. You would need to be able to show that the organisation’s wrongful conduct caused the data breach. For example, they may have provided substandard online security, which led to a cyberattack.

If you have evidence of a valid claim, why not get in touch?

  • Call Legal Expert’s claims helpline on 0800 073 8804
  • Use our claim online form
  • Chat with an advisor now, using the live chat on this page

Select A Section

  1. What Is A Devon and Cornwall Police Data Breach?
  2. What Breaks The Data Protection Act?
  3. Devon And Cornwall Police Data Protection Breach Statistics
  4. What Could You Do After A Data Protection Breach By Devon And Cornwall Police?
  5. Calculating Data Protection Breach In The Police Compensation
  6. How To Claim With A No Win No Fee Solicitor
  7. Get Advice On Claiming For A Police Data Breach

What Is A Devon and Cornwall Police Data Breach?

Personal data is information that identifies an individual, such as the person’s name, date of birth and email address. A data breach occurs when a security incident happens at an organisation, which means that personal data is lost, accessed, disclosed, changed or destroyed unlawfully or accidentally. This guide will focus on what you could do after a Devon and Cornwall Police data breach.

The victim of a data breach may experience significant mental stress. Moreover, the police often collect personal data, which is sensitive. If it’s accessed by unauthorised persons, this could cause harm. What’s more, data breaches can also lead to financial losses. For example, bank details could be stolen during a cyberattack.

The UK General Data Protection Regulation (UK GDPR) is legislation that protects the public’s data rights. Under the UK GDPR, businesses and organisations are responsible for the personal data they collect and process. So to be compliant, organisations should take proactive steps to avoid data breaches.

If organisations fail to take appropriate measures to protect personal information, it could lead to a data breach. If a data breach is caused by this failure, it could be seen as wrongful conduct. To make a personal data breach claim, you would need to illustrate that wrongful conduct caused the data breach and that you suffered due to financial loss and/or psychological harm as a result.

What Breaks The Data Protection Act?

Under the Data Protection Act 2018 and UK GDPR, organisations that process personal information should take measures to protect it. However, if they fail to do this, a data breach could occur as a result.

Below are examples of instances that could be considered as data breaches.

  • An employee may email personal information to the wrong email address. Therefore, an unauthorised person might receive the personal data.
  • An officer verbally discloses personal information about the victim of a crime without a lawful basis.
  • The police fail to correctly dispose of documents containing personal data and an unauthorised person accesses them as a result.
  • They publish information on their website but forget to react the name of a victim.
  • Criminals hack databases containing personal information. The criminals use the database to commit fraud or for blackmail purposes.

Devon And Cornwall Police Data Breach Protection Statistics

The Information Commissioner’s Office (ICO) is an independent body that enforces data protection laws in the UK. They release quarterly statistics relating to data breaches. Let’s look at some key data breach statistics for Q3 2021/22.

  • During this time, the Information Commissioner’s Office received 2,404 data breach reports.
  • 631 of these data breaches were cyber security incidents.
  • 1,773 of the data breaches were non-cyber security incidents.
  • Moreover, personal data being emailed to the wrong recipient was the most common cause of data breaches.

You can read more about security incident trends published by the ICO here.

What Could You Do After A Data Protection Breach By Devon And Cornwall Police?

After a Devon and Cornwall Police data breach, there are certain steps you could take. you could try to contact them to discuss your concerns. The issue could be resolved directly with them. They may investigate the data breach and may be able to resolve the matter for you.

However, if you’re not satisfied with their response, you can report the data breach to the Information Commissioner’s Office. The ICO can investigate the potential data breach. However, you should report the data breach within three months of the organisation’s final response on the matter.

In many instances, the organisation will let you know of the data breach themselves if it affects your rights and freedoms.

If you have evidence of a valid data breach claim against Devon and Cornwall Police, why not reach out? We can also help you if the police are your employer and you have a personal data breach claim that is valid and can be supported with evidence.

Calculating Data Protection Breach In The Police Compensation

Victims of a data breach may become emotionally distressed. In extreme cases, they may suffer psychiatric injuries such as post-traumatic stress disorder. Moreover, criminals may use a victim’s data to target them for fraud. Therefore, the victim may also experience financial losses.

Successful data breach claims can include two types of compensation:

  • Material damages: Data breach compensation reimburses the victim for any money or assets lost because of the breach.
  • Non-material damages: Data protection breach compensation for any emotional distress or psychiatric injuries suffered due to the breach.

You can use the table below to estimate how much compensation you could claim for non-material damages. The compensation amounts are based on guidelines from the Judicial College. Solicitors use these guidelines when valuing injuries.

Edit
Injury Comments On The Injury Estimated Payout
Psychiatric Damage – Severe Injured parties experience difficulties with social situations, relationships, work and education. The injured party’s prognosis for recovering is poor. £51,460 to £108,620
Psychiatric Damage – Moderately Severe Injured parties experience a significant level of difficulty in these same areas. They have a better prognosis for recovering in the future. £17,900 to £51,460
Psychiatric Damage – Moderate Injured parties experience issues with work, education and relationships but will already be making an improvement by the time of trial. Overall, their prognosis is good. £5,500 to £17,900
Psychiatric Damage – Less Severe This victim has a better prognosis for recovery than those in the three categories above. What you could be awarded depends on how seriously you were affected and how long these effects lasted. £1,440 to £5,500
PTSD – Severe The traumatic event will have affects on all parts of this person’s life. They could experience permanent effects and may be unable to continue in education or work. £56,180 to £94,470
PTSD – Moderately Severe Whilst the victim could have been significantly disabled in the foreseeable future, this person has a greater chance of making a recovery if they seek professional care. £21,730 to £56,180
PTSD – Moderate By the time of the trial, the victim will largely be recovered. They should not be left with any symptoms which are grossly disabling. £7,680 to £21,730
PTSD – Less Severe A full recovery should be made in a period of 12 months to 24 months. £3,710 to £7,680

Our advisors could give you a more accurate estimate after speaking to you in person. Please feel free to call our helpline to learn more.

How To Claim With A No Win No Fee Solicitor

If you’re eligible to make a claim, you may prefer it if your case is handled as a No Win No Fee claim. How does a No Win No Fee claim work? Firstly, you sign a Conditional Fee Agreement (a CFA) which states that you pay a success fee if your claim is successful. (You’d be made aware of the percentage of this fee before you sign, and it’s capped by law.)

If your claim doesn’t win, you don’t have to pay a success fee. Therefore, the financial risk involved in funding the services of a solicitor is lowered. What’s more, there is no upfront or ongoing solicitor’s fee to pay.

Getting Advice On Claiming For A Police Data Breach?

We hope this guide on what steps you could take following a Devon and Cornwall Police data breach has helped. If you have been mentally or financially impacted by a data breach, and have evidence of a valid claim, you may be owed compensation.

If you would like to learn more about claiming compensation, please consult these guides below.

If you have evidence of a valid claim for a Devon and Cornwall Police data breach, why not contact us today?

Written by Smith

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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