Kingston University Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Kingston University Data Breach
Data protection is a big topic right now. New laws have changed the ways in which organisations like universities handle your personal information. While it is necessary for them to use it, they must take measures to prevent it from being exposed to unauthorised parties. In this article, we are going to examine the concept of data breach compensation claims against Kingston University. Also, we’ll look at how data breaches might happen, what harm they can cause and how we could help you begin a claim.
The recent changes in data security have stemmed from new legislation including The Data Protection Act 2018 and the General Data Protection Regulation (GDPR). Both exist to provide individuals (or data subjects) more control over how information about them is used. Organisations who would like to use your information (or data controllers) are legally obliged to treat your data carefully and to keep it secure. If a data controller is found to have broken the law, they could face a substantial fine issued by the Information Commissioner’s Office (ICO). Separately, you could also claim for any harm caused by data protection breaches.
Legal Expert is here to help if you decide that you are going to claim. We have a team of advisors who can assess your case without any obligation and offer free legal advice. When claims are identified as being viable, they could be passed on to one of our specialist solicitors. All claims that we handle are accepted on a No Win No Fee basis.
If you’d like to talk to us today about starting a compensation claim, please call 0800 073 8804. Alternatively, to learn more about university data breaches in the UK, please continue reading.
Select A Section
- A Guide To Data Breach Claims Against Kingston University
- What Is A Data Protection Breach By A University?
- Do Universities Have To Comply With GDPR Rules?
- What Happens When Universities Breach Data Protection Rules?
- University Data Breach Statistics
- Countering Data Thefts And Criminal Attacks
- What Compensation Could I Have The Right To Claim?
- Calculating Data Breach Claims Against Kingston University
- Learn About Your Right To Claim With A Solicitor
- No Win No Fee Data Breach Claims Against Kingston University
- Make A Claim For Your Data Breach
- Resources On Breaches In Data Protection
A Guide To Data Breach Claims Against Kingston University
You will no doubt have noticed that when you do almost anything these days, you have to read a paragraph or two about data security and you have to tick boxes to indicate you’re happy to continue. That’s because the GDPR stipulates that data controllers must tell data subjects about why their information is required and they usually get permission first to use it. That’s why you’ll see pop-up boxes on websites and data privacy policies added to application forms. By taking these steps, organisations are adhering to their GDPR obligations.
After your preferences have been collected, the data controller may only use your information in the way that you’ve agreed to. Additionally, any personally identifiable data must be stored securely to try and prevent data breaches from happening. If a breach does occur, not only could the ICO begin an investigation, but you could also be entitled to start legal action for any harm caused.
As with other types of claim, there is a strict time limit that applies to data breach cases. In most situations, you’ll have 6-years to claim but please be aware that a 1-year limitation period is in place for claims based on human rights breaches. Our solicitors usually advise that it is often easier to discuss how you were affected the sooner you start your claim. In the same way, your solicitor is likely to be more successful at obtaining evidence to back up your claim.
What Is A Data Protection Breach By A University?
We do live in a digital world so data breaches can be caused by malware, ransomware, computer viruses and other cybersecurity issues. However, the GDPR is also concerned with other types of information too. For instance, if records that are held in storage cabinets contain personally identifiable data, then they must be kept secure (locked) and disposed of securely when they are no longer required.
The definition of a personal data breach in the GDPR is where some sort of security issue leads to your personal information being exposed, lost, altered, destroyed or accessed by methods that have not been authorised. In some cases, the reason for the breach might be accidental but they can also be caused deliberately by illegal acts.
Data breaches have to be investigated once identified. The data controller needs to work out if anybody is at risk and, if they are, let them know about the breach, when it happened and what information was leaked. They must also let the ICO’s office know about the incident too.
Do Universities Have To Comply With GDPR Rules?
In general, universities need to store personal information relating to staff and students to help them function. That means they are data controllers in terms of the GDPR legislation.
All data controllers have to be able to show that they comply with the following principles relating to data processing:
- The data subject must be made aware of why their data is needed.
- Data processing must be performed in a legal, fair and obvious way.
- When collecting personal information, the minimum amount should be processed.
- Any information that could identify a data subject must be kept up to date.
- The act of data processing needs to be secure and confidential.
- There is no legal time limit relating to the retention of personal data but it should not be kept for any longer than necessary.
What Happens When Universities Breach Data Protection Rules?
In the first of our case studies, the University of Greenwich was given a £120,000 penalty by the ICO after nearly 20,000 personal records were exposed online. The information was uploaded to a website which was built to support a training conference. However, after the event had ended, the website was not shut down correctly or secured.
Many years later, the website was still in place and multiple hackers accessed it using a previously identified vulnerability. In most cases, personal information like names and telephone numbers were accessed. However, some more sensitive data existed for some staff and students such as information about sickness records and learning difficulties.
The next data breach concerns a database supplier, Blackbaud, who supply database systems to higher education establishments amongst others. In this instance, the company’s systems were hacked by criminals who asked for a ransom to be paid.
Blackbaud had to tell many UK universities that their information was included in the theft and, in turn, the universities needed to let staff and students know of the risks.
In this case, Blackbaud decided to pay the ransom so that the data was destroyed to mitigate the risks to its customers.
University Data Breach Statistics
The statistics listed below have been taken from a study conducted by an IT security company. The results were compiled using responses from 86 UK universities. The study found that:
- 54% of universities had referred themselves to the ICO because of a data breach in the past 12-months.
- Annual budgets to train staff on security awareness averaged out at £7,529.
- 46% of university staff had not received security training.
- Only 51% of universities provide proactive security training to their students.
It’s also worth bearing in mind that many higher education establishments also use sensitive data to help with research projects. If you have any questions about data breach claims against Kingston University, please speak to one of our specialists today.
Countering Data Thefts And Criminal Attacks
So, what can be done to help prevent data breaches? Here are some recognised industry techniques that could help:
- Using encrypted hard drives on portable devices. This should make data inaccessible if the device is lost or stolen.
- Hiring security firms to check for security issues before they are found by criminals.
- Reviewing data privacy policies regularly and updating them.
- Providing data awareness training to staff, students and contractors.
- Ensuring all devices within the IT infrastructure have the latest security patches applied.
What Compensation Could I Have The Right To Claim?
There are usually two parts to a personal data breach compensation claim. Material damages are the first part, and they are claimed to cover any financial losses that have resulted from the incident. Non-material damages are claimed to try and cover any pain, suffering or loss of amenity the data breach has caused.
Data breach claims can often cause problems that happen immediately, but they can also cause additional problems in the future. This is one of the reasons we advise you to take on legal representation. Part of your solicitor’s role will be to try and make sure all aspects of your claim are considered before it is filed with the defendant. That’s important due to the fact that you are only entitled to claim compensation once. After you have agreed to settle the claim, you can’t ask for any additional funds later on.
When you claim for psychiatric injuries, for instance, you would obviously include any condition that you have already been diagnosed with. Then you would look at ongoing problems which make it difficult to cope with life, relationships or work in the future. Similarly, if your personal information had been sold on the dark web to criminals, your solicitor might need to claim for financial losses that could come at a later date as well as asking for compensation for any money you have already lost.
Legal Expert has a team of specialist solicitors waiting to help you. They can review all the different elements in your claim to try and ensure nothing is left out. Why not get in touch with an advisor today to find out if your case could entitle you to claim compensation?
Calculating Data Breach Claims Against Kingston University
Hopefully, you now understand why it might be possible to seek compensation following a data breach. Therefore, we’re going to move our attention to compensation amounts. The figures in the table do not take into account any monetary loss. The amounts included in this section are based on personal injury claims not specific to university data breach cases. The Court of Appeal decided (in the case Vidal-Hall and others v Google Inc ) that compensation could be sought for any psychiatric injuries that result from a data breach even when no pecuniary losses have been incurred. Moreover, they explained that payments should be made at the same level as personal injury awards.
To give you some idea of how much compensation could be paid for such injuries, we have supplied the table below. It has figures taken from a document that legal professionals refer to when settling claims called the Judicial College Guidelines (JCG).
|Type of Claim||Severity Level||Compensation||Additional Comments|
|Psychiatric Damage||Severe||£51,460 - £108,620||There will be very serious problems with coping with life, working and dealing with relationships. A very poor prognosis will mean the claimant is vulnerable in the future and treatment is unlikely to help.|
|Psychiatric Damage||Moderate||£5,500 to £17,900||There will be very similar symptoms to above initially. However, there will be a good prognosis offered due to the fact that many symptoms will have improved.|
|Post-Traumatic Stress Disorder (PTSD)||Moderately Severe||£21,730 to £56,180||The symptoms in this category won't be permanent. They will, however, be significant for a long while. With professional help, though, things will improve.|
|Post-Traumatic Stress Disorder (PTSD)||Less Severe||To £7,680||Where the most serious PTSD symptoms have been resolved within a year or two.|
Because the JCG covers a wide array of different injuries, you will need to supply enough evidence to show which category your suffering falls into. To do this, you will be invited to attend a medical assessment, held locally, as part of the claims process. An independent specialist will assess your symptoms by asking questions and looking through your medical records.
Learn About Your Right To Claim With A Solicitor
You may have further questions about data breach claims against Kingston University. You may also want to know how you would go about finding a solicitor. If that’s the case, you may wish to look for a local firm of lawyers, ask friends for advice or read solicitor reviews online. Or, if you want to make the process easier, you could call Legal Expert.
We provide free legal advice and a no-obligation assessment of any claim. You can take as long as you want and ask as many questions as you need before deciding to work with us. If a solicitor agrees to take your claim on, they will ensure you receive updates whenever there is any progress. You’ll also be able to ask questions during the case or ask for legal jargon to be explained. Of course, our solicitors will always try to ensure you are compensated at the highest level possible.
No Win No Fee Data Breach Claims Against Kingston University
There’s no doubt that starting a data breach claim can be stressful. Many worry that if they use a solicitor to represent them they could end up with large legal fees. That’s why cases taken on by our specialist solicitors are funded by a No Win No Fee agreement. They make claims a lot less stressful because they reduce your level of financial risk.
Before accepting your claim, one of our solicitors will need to review it first. If it appears to be feasible, you’ll be given a Conditional Fee Agreement (CFA). This is a contract between you and your solicitor that explains what work will be carried out. It will also explain to you that:
- You won’t need to send payment upfront to your solicitor.
- Your solicitor won’t ask for any of their fees to be paid while the claim continues.
- Should your claim fail, you won’t have to cover any of the solicitor’s fees.
The way in which you’ll pay your solicitor’s fees if they win your case is referred to in the CFA as a ‘success fee’. It is a percentage of any compensation you receive that is retained by your solicitor to cover the cost of their work. Your percentage will be listed in the CFA so it’s clear and, by law, success fees are capped.
Make A Claim For Your Data Breach
We are reaching the end of this guide regarding data breach claims against Kingston University. If the content has helped you decide to start a claim, and you would like Legal Expert to represent you, why not get in touch with us today? You can:
- Call a specialist data breach advisor on 0800 073 8804.
- Send an email to explain how you’ve suffered following a data breach to email@example.com.
- Ask for free advice in our live chat tool.
- Begin the claims process online and we’ll arrange to call you back when it’s convenient.
So that we don’t waste your time, we will always be open about your chances of winning your case. First, an advisor will review your case with you, then they’ll explain your options and provide free legal advice. If the claim appears to have a reasonable chance, you could be referred to a solicitor from our team. Any claim they take on will be covered by our No Win No Fee service.
Resources On Breaches In Data Protection
Thank you for reading this guide about data breach claims against Kingston University. We have already supplied you with a lot of useful information but, in this section, we have added some links which might be helpful if you make a claim. In addition, you’ll find some more Legal Expert guides that show other types of claims we could help you with. If you need any further information, please don’t hesitate to ask an advisor.
Anxiety UK – This charity aims to support anybody who is affected by the many different types of anxiety.
Report A Data Protection Breach – ICO guidance on how to report data breaches to them.
Housing Disrepair Claims – Advice on claiming for injuries caused by damage in your rented home.
NHS Workplace Accidents – Details on when NHS staff could claim for injuries sustained while at work.
Mis-Sold Pension Claims – Information on how our solicitors could help you claim if you’ve been mis-sold a pension.
Written By Hambridge
Edited By Melissa.