Independent Inquiry into Child Sexual Abuse Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For The Independent Inquiry into Child Sexual Abuse Data Breach
In this guide, we look at what could happen after a potential IICSA data breach. It would be fair to assume that a data breach is often an unexpected turn of events. And, understandably, taking legal action might be a daunting task. However, if you are affected by a personal data breach, then you could experience financial loss or mental harm. Consequently, you could be entitled to make a compensation claim for the harm you’ve experienced.
At Legal Expert, we know that the personal data breach claims process can seem daunting. However, once you’ve read this guide catered to data breach cases, we hope you feel more assured. It’s our intention that you understand what data breaches are, how they are caused, and whether a solicitor could be of assistance to you.
If you find that you have queries or concerns or additional questions relating to this guide or your case, please don’t refrain from contacting our team.
Here at Legal Expert, we are proud to have a data breach claims team that is friendly, experienced and knowledgeable. Not only is our team available 24 hours a day, 7 days a week, but they can also offer free legal advice. Moreover, you’ll be under no obligation to proceed with our services if you get in touch.
If you want to take advantage of our free legal advice, please call us on 0800 073 8804.
Select A Section
- A Guide To Data Breach Claims Against Against The Independent Inquiry Into Child Sexual Abuse
- What Is A Data Breach Claim Against The Independent Inquiry Into Child Sexual Abuse?
- Does The GDPR Apply To Independent Inquiries?
- How A Public Inquiry Could Fail To Meet Data Protection Standards
- Has The IICSA Breached People’s Data Privacy?
- Complain To The ICO About A Data Breach By The IICSA
- How A Data Breach Expert Could Guide You Through The Process
- Assessing Compensation That May Be Awarded To Victims
- Calculating Data Breach Settlements Against The Independent Inquiry Into Child Sexual Abuse
- No Win No Fee Data Breach Claims Against The Independent Inquiry Into Child Sexual Abuse
- Choose A Data Claims Expert
- Discuss Your Case
- Find Further Resources
Today, our personal data is used and stored in various ways. For instance, whenever we use a social media platform, purchase a coffee from our local store, or even when we visit a medical professional, our data is used and stored by these businesses.
Our personal data is extremely confidential, and it should be treated with caution. Thankfully, the General Data Protection Regulation (GDPR) (enacted into UK law via the Data Protection Act 2018) emphasises the importance of data security.
For instance, the GDPR and the Data Protection Act 2018 have created significant groundwork, outlining measures and practices for organisations to follow. However, while standards are set in place to promote data protection and security, your data could be compromised if a personal data breach were to occur. Consequently, you could be subjected to financial loss or psychological harm.
What Is A Data Breach By The IICSA? And Other Questions
If you have suffered due to a personal data breach, then you could have grounds to make a claim. Throughout this guide, we aim to cover critical questions concerning the claims process, such as:
- Can I make a claim if I’ve suffered due to an IICSA data breach?
- What is the Information Commissioner’s Office (ICO)?
- Has IICSA ever been fined by the ICO?
- Can I make a claim with a solicitor?
- Could a solicitor offer to take on my claim under a No Win No Fee agreement?
We must emphasise that this guide covers as much information in connection to the claims process as possible. However, as the claims process is incredibly intricate and often involves unique elements from case to case, we cannot cover everything. Therefore, if you have unanswered questions, that isn’t to say you can’t make a claim.
All you have to do is pick up the phone and speak to one of our advisers. By talking to our claims team, one of our advisers can offer free legal advice, discuss your case in length, and outline whether you could make a claim.
In order for a solicitor to take on a personal data breach claim, the case must meet specific criteria. For instance, the case must meet a limitation period.
For the most part, data breach cases must be made within 6 years from when you gained knowledge of the personal data breach. However, if it involves a breach of human rights, then you would have 1 year. Should you fail to meet this deadline, then the eligibility of your claim could be affected.
If you’re unsure about what time limits are relevant to your case, reach out. Thankfully, our claims team is well-versed in the law, which means they could help you understand the time limits. If you have evidence of a valid claim, you could be connected with a solicitor with the experience and requirements needed to support you and your case.
In simple terms, a data breach is when your personal information has been compromised because it has been disclosed, accessed, lost, changed or destroyed by an unauthorised party. A data breach can ultimately lead to various consequences, such as financial loss and psychological harm.
To combat data breaches, the GDPR and the Data Protection Act 2018 have established some rules for businesses and organisations to follow. However, while they’re laws that highlight the importance of data protection, there are unfortunate circumstances where an error could occur, or a mistake could be made. This could lead to your data being compromised.
As we previously mentioned, numerous forms of personal data could be compromised due to a data breach, such as:
- Online activity
- Banking information
- Home address
- Mobile number
- Personal email address
If you have been affected by a data breach, it may be that you are a client or an employee of an organisation. Organisations that process personal information are required to ensure that it is processed securely and lawfully.
However, if these data protection requirements aren’t met, and a personal data breach causes you to suffer psychologically or financially, then you could have grounds to make a claim. Within the sections that follow, we will provide an in-depth look at steps you could take if you suffer from a personal data breach. We also look at how a solicitor could help.
If you have any additional questions, please use the number at the top of the page to speak with an adviser.
We have previously touched upon the General Data Protection Regulation (GDPR) and outlined how it plays a critical role in data protection. Within this section of the guide, we outline some of the essential roles in data protection:
- Data controller — responsible for outlining how and why your data needs processing.
- The data subject — the person whose data is being used/stored.
- A data processor — can process personal data for a data controller.
The GDPR applies to Independent Inquiries if they process personal data. Some of the ways they have to adhere to data protection law are highlighted below.
- The data subject must be informed of why and how their personal data will be processed. Full transparency is required.
- The data controllers must be able to provide evidence that shows they are acting within the law and following regulations (be accountable).
- All data should be stored and processed in a way that meets data protection law.
However, despite the roles and responsibilities listed above, there are still circumstances that could cause a data breach.
Our guide on what to do following a potential IICSA data breach aims to give information to help you. So, if you have suffered financially or mentally due to a personal data breach, please continue to read this guide to learn more. Or, if you have evidence of a justifiable case, why not reach out and speak to our advisers?
When we think of data breaches, we may think that technical errors or cybercriminals are to blame — such as software issues, malware errors, ransomware or hacks. While there are circumstances where that is the case, it is essential to acknowledge that there are moments where human error or poor practice could lead to a failure to meet data protection standards.
For example, a personal data breach could be caused due to one of the following reasons:
- An employee could accidentally send a letter with personal information to the wrong person, who is unauthorised to access it.
- A member of staff could send an email that contains personal data to the wrong recipient, who is unauthorised to see that data.
- An unauthorised party could access a computer if it were to be left unattended and unsecured, granting them access to personal data.
On the grounds that you can provide evidence to support your case and you have a favourable claim, a solicitor could offer to take on your case, supporting you every step of the way.
In this section of the guide on what to do following a potential IICSA data breach, we are going to take a look at the Information Commissioner’s Office (ICO) news. The ICO is the body that enforces data protection law in the UK.
After the ICO conducted an investigation, their findings resulted in a £200,000 fine against the Independent Inquiry into Child Sexual Abuse (IICSA). The IICSA was established in 2014 to investigate how institutions may have not protected children from sexual abuse where they couold have.
However, in 2017, it was reported that an IICSA member of staff failed to use the blind carbon copy field (bcc) to email 90 individuals informing them of a public hearing. Instead, they used the ‘To’ field. Therefore, all recipients were able to see the email addresses of other people who were potential victims of child abuse.
The ICO noted that this incident placed vulnerable individuals at risk and shouldn’t have happened. You can search personal email addresses on social networks and engines, which in return could’ve added more danger to the situation.
If a personal data breach were to cause some form of psychological harm or financial loss, you would be required to supply evidence in order to make a compensation claim with a solicitor. One form of evidence you could provide is a formal complaint.
If you submit a formal complaint to IICSA, they may conduct an internal investigation into the breach. They may also inform the ICO of the data breach, but would only have to do so if it risks the freedoms and rights of data subjects. If it does, they should inform the ICO within 72 hours. They should also inform data subjects without undue delay.
Should you be dissatisfied with the IICSA’a response to your complaint, then you could make a complaint through the Information Commissioner’s Office (ICO). They could conduct their own investigation into the breach.
However, the ICO suggests that you contact them before 3 months of the final communication between yourself and the Inquiry has passed. Should you leave it later than 3 months, the delay may impact the ICO’s decision on how to act. Following an investigation, the ICO has the power to issue a fine if they find violations of data protection laws.
You might be questioning how a solicitor with expertise in data breach cases could assist you throughout the data breach claims process. While you do not need a solicitor in order to make a claim, having one by your side can be reassuring. After all, a solicitor with the right experience could advise you. And they could try to get an accurate amount of compensation for the damages you’ve endured.
Should a solicitor offer to take on your case, they can cut through the legal jargon and do the legwork, allowing you to focus on healing. Many solicitors can also work on your case from anywhere in the country.
For example, if a solicitor were to take on your case, you could keep in touch by speaking over the phone, communicating over email, or using virtual meeting platforms. Our solicitors offer such services and you could get connected with them. Get in touch with our advisers to find out more.
When seeking compensation for a personal data breach, it is essential to acknowledge that compensation is often broken down and separated into two categories. The categories are known as:
- Non-material damages — awarded to those who endure psychological harm due to a data breach.
- Material damages — awarded to those that have suffered a financial loss due to a breach.
When seeking compensation for a personal data breach, you will be required to provide evidence to support your case. For example, if a personal data breach has caused you psychological distress, then you would be required to supply medical evidence. This is typically achieved by attending a medical assessment.
Here at Legal Expert, our solicitors could arrange a medical assessment for you. Your injuries would be evaluated by an impartial medical professional. When attending an assessment, the medical expert will examine your injuries in greater detail. For example, the professional conducting the assessment will ask you a series of questions relating to your injury. They’d also evaluate its severity and determine whether there are any long-term implications.
The purpose of this assessment is twofold:
- To try and prove that your mental injuries were caused or worsened by the personal data breach.
- To prove the severity of your injuries.
The information that is collected from the assessment would be documented in a report and used to value and support your case. If you have any questions regarding the medical assessment, please reach out to our advisers.
You may be confused by what an IICSA data breach could involve so please call our advisers for more information.
If you can prove you have suffered from a personal data breach, you might consider taking legal action. If that is the case, then you may also question how much compensation you could be awarded.
Ever since the case of Vidal-Hall and others v Google Inc , courts can issue compensation to victims that have endured psychological harm but no financial loss. Prior to this case, psychological harm was only recognised if financial loss had occurred. Now you could claim for both or either.
Moreover, the Court held that compensation for psychiatric harm should be valued as it would in personal injury cases.
When pursuing a compensation claim, it is important to acknowledge that every case is different. The injury type, severity, and long-term implications can play a critical role in the compensation process.
Below, we have used information supplied by the Judicial College Guidelines to create a compensation table to outline how these factors can play an influential role. The Judicial College Guidelines is a publication that legal professionals may refer to when valuing injuries.
|Post-Traumatic Stress Disorder||Moderately Severe||£21,730 to £56,180|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470|
|Psychiatric Damage Generally||Moderately Severe||£17,900 to £51,460|
|Psychiatric Damage Generally||Severe||£51,460 to £108,620|
|Psychiatric Damage Generally||Less Severe||Up to £5,550|
Could You Claim Material Damages For An IICSA data breach?
As we previously discussed, you can also make a claim for any financial loss you’ve endured. In order for financial loss to be factored into your case, you need to provide evidence. Thankfully, there are various forms of financial documentation you can provide. This includes credit scores, receipts, bank statements, and payslips.
Granted you can provide evidence, a solicitor could help you seek compensation for the following forms of financial loss that data breaches can cause:
- Theft (if a cybercriminal accessed your bank account details and stole from you, for example)
- Medical costs, such as therapy that the NHS couldn’t cover.
There are other financial losses you could recover the cost of. To learn more or to receive a more accurate compensation estimate, please speak to one of our advisers. They can also offer free legal advice and answer any questions you may have.
Taking legal action for a personal data breach isn’t something many people prepare for. So, understandably, there can be anxiety and stress associated with the claims process. Many questions and worries we hear from claimants regard funding their solicitors. The good news is, our solicitors could offer to take on your case under a No Win No Fee agreement.
A No Win No Fee agreement may also be referred to as a Conditional Fee Agreement (CFA). Essentially, should a solicitor offer to take on your claim under a No Win No Fee agreement, then you would have access to the following benefits:
- There are no upfront solicitor fees for you to pay.
- You will not be required to pay any solicitor fees or costs while the claim is ongoing.
- Should the solicitor be unsuccessful in obtaining a settlement, then you would not be required to cover their fees.
When claiming a No Win No Fee agreement, please note that your solicitor would deduct a small percentage of any awarded settlement. This is often referred to as a success fee and, by law, it is capped. All of this information would be outlined in your Conditional Fee Agreement (CFA).
It’s not essential to use the services of a solicitor to claim. However, if you do, finding the right solicitor to handle your case can be a critical part of the claims process. When searching for legal representation, many claimants often take to the internet. That’s because there are various resources to aid the decision-making process.
For instance, many claimants tend to read client reviews when looking for a solicitor to handle their claim as they provide great information. For instance, client reviews can detail:
- The firm’s success rate.
- What experience the firm has in handling cases similar to yours.
- What previous clients felt about their experience.
All of this information can be used to make an informed decision.
However, while we strongly advise reading reviews to learn more, we also recommend contacting an adviser before you progress with your claim. By speaking with an adviser, you have the opportunity to ask questions more specific to your case. For instance, you can query whether the firm has experience handling cases similar to yours.
We are now entering the final sections of this IICSA data breach guide. Understandably, you might have additional questions after reading this guide, as we have provided you with a lot of information. Our claims team would be more than happy to speak with you.
If you would like to speak with one of our advisers because you have proof of a valid claim, then please use one of the following methods:
- Telephone: 0800 073 8804
- Enquire using our claim online form.
- Send an email to email@example.com.
- Click the live chat icon to speak with an adviser.
We look forward to hearing from you.
Thank you for reading our guide — we hope you have found it beneficial. This is the final section of this data breach by The Independent Inquiry into Child Sexual Abuse guide. You might consider looking for additional resources to further understand the claims process.
Data Breach Compensation: Take a look at our easy guide discussing data breach claims at more length.
I Suffered Stress Due To A Breach: Take a look at our guide to learn what steps you could take following a breach.
Permanent Injury Compensation Payouts: Please read our guide If you would like to learn more about compensation payouts for physical injuires.
Anxiety: NHS advice on anxiety.
Mental Health Services: NHS list of helpful services.
Non-Recent Abuse: The NSPCC helps children and adults alike when it comes to childhood abuse.
Thank you for reading our guide on what to do following a potential IICSA data breach.
Written by Brennan
Edited by Victorine