Can I Claim If An Unauthorised Person Had Access To My Personal Data?
If you are wondering, ‘Could I make a claim if an unauthorised person had access to my personal data?’ this guide could provide you with the information you have been searching for.
Can I Claim If An Unauthorised Person Had Access To My Personal Data?
This guide will explain the criteria you must meet to be able to make a claim for a personal data breach. Additionally, we will also explain the steps you could take to help support your claim. Furthermore, we will explain how our data breach solicitors could assist you with your claim.
Alternatively, if you wish to speak with someone about your circumstances, you can reach an advisor from our team. They are available 24/7 to offer you free advice.
Contact our advisors:
- Telephone on 0800 073 8804
- You can contact us online.
- Speak to an advisor using the live chat feature.
Select A Section
- Can I Claim If An Unauthorised Person Had Access To My Personal Data?
- What Is Considered Unauthorised Access To Personal Data?
- Evidence Supporting Data Breach Claims
- What Could I Claim If An Unauthorised Person Had Access To My Personal Data?
- Why Claim For Unauthorised Access To Your Data With Our Solicitors?
- Learn More About When You Could Claim For A Data Breach
Can I Claim If An Unauthorised Person Had Access To My Personal Data?
Personal data is information that could identify you directly or in combination with other information. This can include your name, mobile number or home address.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 make up data protection law and set out the rules and regulations all data controllers and processors must follow when they process the personal data of UK residents.
A data controller decides why and how your personal information will be processed. Whereas a data processor is responsible for processing this information on behalf of a data controller.
If a data processor or controller failed to follow data protection law, this could lead to your personal data being compromised in a breach. A personal data breach is a security issue leading to the accidental or unauthorised destruction, alteration, loss, access, or disclosure of personal data.
If an organisation failed to adhere to data protection law, such as allowing an unauthorised person to access your personal information without a lawful basis, you might be able to make a claim. However, you must also have suffered financial or mental harm due to your personal data being compromised.
Later in this guide, we will discuss in more detail the lawful bases for processing personal data.
Limitation Periods
Additionally, you must ensure that your personal data breach claim is started within the time limitations. Usually, you will have six years to start your claim proceedings.
Alternatively, you will have one year to begin your claim if it’s against a public body.
Contact our advisors today if you still wonder, ‘Could I make a claim if an unauthorised person had access to my personal data?’
What Is Considered Unauthorised Access To Personal Data?
As previously stated, there must be a lawful basis for processing data. Article 6 of the UK GDPR sets out the lawful bases for processing. These are:
- Consent: An individual has provided clear consent for their data to be processed for a purpose.
- Contract: A contract exists with an individual, meaning that processing is necessary due to this.
- Legal obligation: To comply with the law, processing is required.
- Public task: Processing to perform a task for official functions or in the public’s interest.
- Vital interests: Processing to protect someone’s life.
- Legitimate interests: Processing is necessary for legitimate interests. This is unless there is a sufficient reason to protect the individual’s personal data, which takes precedence over legitimate interests.
If someone were to gain access to your personal data without a lawful basis and you suffered harm, you might be able to make a claim. For example, if your personal data was not locked away or secured. This could result in someone accessing your personal information without authority.
Contact our advisors today if you are still wondering, ‘Could I make a claim if a person had access to my personal data without a lawful basis?’
Evidence Supporting Data Breach Claims
If your personal data has been breached, there are steps you can take. Firstly, if an organisation becomes aware that your personal data has been breached, they should notify you without undue delay if they believe your rights and freedom may be affected. This could be via email or a letter and could be used as evidence.
They should also notify the Information Comissioner’s Office (ICO) within seventy-two hours of discovering the breach. The ICO is an independent body that upholds information rights and enforces data protection laws.
However, if you discover that your personal data has been breached, you could complain directly to the organisation responsible. Doing this will allow you to ask further questions about what personal information has been compromised and the measures the company plans to implement to avoid this happening again.
You could also report the data breach to the ICO, who may then decide to investigate the breach, and their findings could be used as evidence. However, you must do this within 3 months of your last meaningful communication with the organisation about the breach.
It is important to note that not all data breaches could lead to a claim. If a data controller or processor has adhered to data protection law, they might not be liable.
Contact our advisors if you have any further questions about the steps that could be taken to help support your personal data breach claim.
What Could I Claim If An Unauthorised Person Had Access To My Personal Data?
For personal data breach claims, you could receive compensation for the non-material damage you suffered. This refers to the mental harm you experienced, such as anxiety. You will need to provide evidence about your non-material damage, such as a copy of your medical records.
When a legal professional is valuing your claim, they may use the Judicial College Guidelines (JCG) to help them. This is a document which contains compensation guidelines for various mental and physical injuries. We have used the compensation guidelines stated in the 16th edition of the JCG when creating the table below.
Please only use this table for guidance, as the specific circumstances of your claim could affect the amount you receive.
Compensation Guidelines
| Injury | Level of Severity | Details | Compensation Guidelines |
|---|---|---|---|
| Psychological Damage | Severe (a) | A poor prognosis and evident problems coping with aspects of life such as friendships, familial relationships and work. | £54,830 to £115,730 |
| Moderately Severe (b) | Problems coping with the aspects of life mentioned above are significant but the prognosis is much better. | £19,070 to £54,830 | |
| Moderate (c) | Despite suffering with various issues mentioned above, there have been clear improvements accompanied by a good prognosis. | £5,860 to £19,070 | |
| Less Severe (d) | The level of compensation will factor the duration of the disability and how severely daily activities were affected. | £1,540 to £5,860 | |
| Reactive Psychiatric Disorder | Severe (a) | A return to pre-trauma life and employment is prevented by the permanent effects. | £59,860 to £100,670 |
| Moderately Severe (b) | There is a chance for some recovery with professional help and the prognosis is better. However, the person will still suffer with significant disabilities for a while. | £23,150 to £59,860 | |
| Moderate (c) | Recovery has largely been made and the impacts that remain are not greatly disabling. | £8,180 to £23,150 | |
| Less Severe (d) | An almost full recovery has been made within one to two years. Remaining symptoms are minor. | £3,950 to £8,180 |
Other Damage You May Suffer
Material damage is the other kind of damage you may suffer and be compensated for. This relates to any financial losses you have incurred because your personal data was breached.
For example, if your banking information or credit card details were involved in the compromise, this could result in unauthorised purchases being made through your account.
Bank statements, credit reports and financial documentation can help to support your claim for compensation.
You can contact our advisors today if you are wondering how much compensation could you receive if an unauthorised person had access to your personal data.
Why Claim For Unauthorised Access To Your Data With Our Solicitors?
One of our experienced solicitors could help you with claiming data breach compensation. Additionally, they may offer to work with you on a No Win No Fee basis under a Conditional Fee Agreement.
When making a claim with a solicitor under this agreement, you will typically not have to pay them for their services if the claim is unsuccessful.
Alternatively, if your claim succeeds, your solicitor will take a legally capped percentage of your compensation, called a success fee.
Contact one of our advisors today to discuss your potential claim further and receive free advice.
Contact Us
You can contact our advisors to receive free advice for your potential claim. They are available 24/7 and could help you if you are still wondering, ‘Can I make a claim if an unauthorised person had access to my personal data?’
Contact our advisors:
- Telephone us on 0800 073 8804
- You can contact us online.
- Speak to an advisor using the live chat feature.
Learn More About When You Could Claim For A Data Breach
More guides by us about personal data breach claims:
- I Suffered Stress Due To A Data Breach, Am I Eligible To Claim Compensation?
- A Company Has Misused My Personal Data, Can I Sue?
- My Banking Details Were Breached – Can I Claim Compensation?
Additional information:
- Where To Get Urgent Help For Mental Health – NHS
- Cyber Security Breaches Survey 2022 – GOV.UK
- Action We’ve Taken – ICO
Contact our advisors if you are still wondering, ‘Can I make a claim if an unauthorised person had access to my personal data?’
