Can I Make A Confidential Information Data Protection Breach Claim?
In this guide, we examine what could be meant by a confidential information data protection breach and whether this is the same as a personal data breach. We will also distinguish the difference between confidential information and personal data.
Confidential Information Data Protection Breach Claims Guide
Furthermore, we will set out the criteria you should meet to make a claim for data breach compensation. Additionally, we will detail the evidence that could help support your claim and when you could report a data breach incident.
You can also get in touch with our team to speak about your claim. They are available 24/7 to offer you free advice and answer your questions. They could also connect you with one of our data breach solicitors.
Please contact an advisor by:
- Calling on 0800 073 8804
- Use our online form to contact us
- Using our live chat to talk to an advisor.
Select A Section
- Can I Make A Confidential Information Data Protection Breach Claim?
- What Is Personal Data Confidentiality?
- Evidence Showing That Your Personal Confidential Data Has Been Breached
- Estimating Personal Confidential Information Data Protection Breach Payouts
- Why Contact A No Win No Fee Solicitor If Your Personal Data’s Confidentiality Has Been Breached?
- Related Data Protection Breach Claims Guides
Can I Make A Confidential Information Data Protection Breach Claim?
Personal data is any data that can identify you or identify you in conjunction with other personal information. Some examples of personal data include your name, phone number or home address. Confidential information is any information that should be protected from disclosure with the necessary authorisation.
The personal data of UK residents is protected under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). Together these make up data protection law and set out the rules that all data controllers and processors should follow.
Data controllers make decisions about how and why your personal data will be processed, and data processors are in charge of processing your personal data on behalf of a data controller.
If a data controller or processor were to not adhere to data protection law, this could result in your personal information being breached, and you could suffer mental harm and financial loss. In this instance, you may be able to make a personal data breach claim.
Time Limits
When you are making a claim after your personal data has been breached, you should ensure that your start your claim within the relevant time limits.
Typically, you will have six years to start your claim. If the claim is against a public body, you will only have one year.
For more information about time restrictions, please speak with one of our advisors.
What Is Personal Data Confidentiality?
As previously stated, confidential data is any information that should be protected from disclosure with the necessary authorisation. For instance, confidential information could include information about a new product that a company is preparing to release. This could be considered as confidential as the organisation may not want this information to be released to avoid competitors stealing their idea.
However, this information is not classed as personal data as it cannot identify an individual and is therefore not protected by data protection law.
Personal data is protected by data protection law, and organisations must take all the necessary steps to protect your personal data. Article 5 (f)of the UK GDPR states the principle for the confidentially and integrity of personal data when it is being processed.
Is Confidential Information The Same As Personal Data?
As we have previously said, personal data is information that can identify you, and all personal information should be kept confidential in line with data protection laws. But not all confidential information is personal data and therefore not protected by data protection law.
It states that personal data should be processed in a manner that ensures the appropriate security of said personal data. This includes protecting against unlawful or unauthorised processing and against the accidental destruction, loss, and alteration of personal data.
If a data controller fails to take the necessary steps to protect your personal data, this could result in a personal data breach, and you could suffer harm. In this instance, you might be able to make a claim.
To find out more about your eligibility to claim for a personal confidential information data protection breach, please reach out to our team.
Evidence Showing That Your Personal Confidential Data Has Been Breached
Following a personal data breach, the responsible company should notify you that your personal information has been compromised without undue delay if they believe your rights and freedom could be at risk. This could be via email or a letter, and this could be used as evidence in your claim.
Additionally, the organisation responsible have seventy-two hours to report the incident to the Information Commissioner’s Office (ICO) in this instance. The ICO are an independent authority that upholds data protection law and information rights.
If you discover the data breach yourself, you could directly complain to the organisation responsible. When making your complaint, you could ask them to clarify what personal information was affected and how they are thinking of rectifying the situation. This communication could be used as evidence in your claim.
Additionally, you could also report a data breach to the ICO. The ICO may decide to investigate the breach, and their findings could be used as evidence in your claim. However, you must wait no longer than three months from the last correspondence about the data breach to reach out to the ICO.
Contact our advisors today if you have any additional questions about the evidence that could be used to help support your claim.
Estimating Personal Confidential Information Data Protection Breach Payouts
Your non-material damage could be compensated in your personal data breach claim. This refers to the emotional distress you have experienced as a result of the breach. For example, you could make an anxiety personal data breach claim. A copy of your medical records could be used to prove your non-material damage.
When solicitors are looking to assign a value to the harm you were caused, they may refer to the Judicial College Guidelines (JCG) to help them. This is because the JCG assigns compensation guidelines to different physical and psychological injuries.
The table beneath includes the figures listed in the most recent edition of the JCG, which was published in April 2022.
How much compensation you will get for a personal data breach will typically depend on the various circumstances of your claim. Therefore, you should only use this table as a guide.
Compensation Guidelines
| Injury | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Psychological Harm | Severe (a) | A poor prognosis and severe issues with coping in regard to relationships, education, and future vulnerability. | £54,830 to £115,730 |
| Moderately Severe (b) | Problems are significant in coping with the aspects of life mentioned in the category above but the prognosis is a lot more positive. | £19,070 to £54,830 | |
| Moderate (c) | While there will have been issues with coping with familial relationships, friendships, and employment, there has been clear improvement and there is a better prognosis. | £5,860 to £19,070 | |
| Less Severe (d) | The period the disability and the impact on daily activities will affect the amount awarded. | £1,540 to £5,860 | |
| Anxiety Disorder | Severe (a) | A return to employment and life prior to the trauma is unlikely due to permanent effects. | £59,860 to £100,670 |
| Moderately Severe (b) | There is a better prognosis and a a chance for some recovery with help from a professional. However, the person will still suffer with a significant disability for a while. | £23,150 to £59,860 | |
| Moderate (c) | A large recovery has taken place. Continuing impacts are not greatly disabling. | £8,180 to £23,150 | |
| Less Severe (d) | A full recovery has essentially been made between one to two years. Minor, if any, symptoms remain. | £3,950 to £8,180 |
Material Damage
You could also claim personal confidential information data protection breach compensation if you experienced any material damage. Material damage refers to any monetary losses you have suffered due to a personal data breach.
For example, if your debit or credit card details were breached, this could result in charges being made to those cards, which could also affect your credit score.
Financial documentation such as credit reports and bank statements can illustrate this damage and help support your claim.
Contact one of our advisors if you have any additional questions about claiming compensation for a personal data breach.
Why Contact A No Win No Fee Solicitor If Your Personal Data’s Confidentiality Has Been Breached?
One of our advisors could inform you whether they think you have the basis to make a personal data breach claim. If they think you could, they could put you in contact with one of our data breach solicitors who have years of experience handling various data breach claims. Additionally, one may offer to work with you on a No Win No Fee basis with a Conditional Fee Agreement.
When making a claim with a solicitor under this arrangement, you are not expected to pay your solicitor for their services if the claim fails.
Alternatively, if your claim is successful, your solicitor will take a success fee. This is a percentage of your compensation that is capped by law.
Contact one of our advisors today to discuss your potential claim and to be connected with one of our solicitors.
Contact Us
To receive more advice about your claim for a personal confidential information data protection breach, please speak to a member of our advisory team. They can provide you with further guidance as well as answer any of the questions you may have.
Please contact an advisor by:
-
- Calling on 0800 073 8804
- Use our online form to contact us
- Using our live chat to talk to an advisor.
Related Data Protection Breach Claims Guides
More articles by us about personal data breach claims:
- My Personal Data Has Been Lost After A Breach, What Are My Rights?
- Credit Card Data Breach Compensation Claims Guide.
- My Personal Data Was Not Locked Away Or Secured Can I Claim For A Data Breach?
Further information:
- Post-Traumatic Stress Disorder – NHS
- Data Protection – Find Out What An Organisation Has About You – UK Gov.
- Right Of Access – ICO
Contact our advisors if you are still unsure if you could claim for a confidential information data protection breach.
