Kirklees Council Data Breach Claims Guide
Did you know that your council has to protect personal data that it stores or processes about you? Some specific types of data are protected by laws that the council has to follow. So this guide will examine what could happen if a Kirklees Council data breach took place. This guide will examine how a lapse in data protection could put your data at risk, and what the eligibility criteria are for making a data breach claim.
The circumstances that led to your data breach claim will likely be somewhat unique. As will the reasons you wish to seek damages. This guide can only cover so many permutations of circumstances. We might not cover yours exactly. We can still answer any questions you have at the end of this guide though. Just reach out to our claim advisors on 0800 073 8804. This number is available any time of the day or night, 365 days a year. An expert advisor will provide you with all the help you need to get your claim underway.
Select A Section:
- A Guide On Damages Claims For A Kirklees Council Data Breach
- What Could Be A Kirklees Council Data Breach?
- What GDPR Compliance Requirements Are There For Councils?
- How Could A Local Council Leak Or Breach Your Data
- Leaks In Tenancy And Social Work Data
- Does The ICO Have To Be Informed About The Incident?
- How The Claims Procedure Works
- What Types Of Damages May Be Paid Out?
- How Would You Calculate A Payout For A Kirklees Council Data Breach?
- Claim For Council Data Breaches Through No Win No Fee Agreements
- What Is The Best Way To Find A Claims Expert?
- Talking To A Claims Specialist
- Guides On Related Topics
- What Questions Do Claimants Frequently Ask?
A Guide On Damages Claims For A Kirklees Council Data Breach
Reading this guide will supply you with the knowledge needed should a Kirklees Council data breach arise. The sections below illustrate what data breaches are through example scenarios.
We have kicked this guide off with a bar graph that demonstrates some causes of non-cyber security incidents in central government. This is followed up with a look at the grounds that need to be met in order to have a valid data breach claim. The rules and regulations in the UK are explained, and the type of data protected is defined.
Following on, we look at the legal responsibility of the council to protect your personal data at all times. Additionally, we have provided a number of examples of data breaches that could result in a claim.
The process of reporting a data breach and making a complaint to the governing body comes next. This is followed by a brief explanation of the claims process itself. Supporting this section is a discussion of the reasons to claim damages. You will also find we have provided you with a table that shows example compensation ranges. Completing the financial information is an explanation of how a No Win No Fee arrangement works.
The closing sections of this guide offer some advice on the service we could offer you. Followed by some useful links, and also a section with questions and answers.
Is There A Time Limit?
Something to keep in mind if you intend to make a claim for a data breach is the time limit. In short, you need to begin your claim within the correct time limit. It does not matter how long your claim takes after this. Your circumstances will dictate the time limit. For example:
- Claims that are not brought against a public body, 6 years.
- For all claims that are brought against a public body, just 1 year.
However, there can occasionally be external effectors that will change this time limit in some way. You can call our claim advisors and explain your situation. Thus, they can tell you which time limit will apply.
A little later in this guide, we will talk about how the Information Commissioner’s Office (ICO) polices data privacy and security laws in the UK. For now, we just need to introduce the fact that the ICO also documents data breaches. For example, it maintains the data breach register. Furthermore, the ICO makes some of this data available to the public. We used this data to make the bar graph below. It shows common causes of non-cyber incidents in central government.
If a Kirklees Council data breach did occur it may not happen because the council failed to take all appropriate action to protect your personal, special or sensitive data. Data breaches can happen for all sorts of reasons. To hold a valid claim you must provide proof that the data controller’s failings compromised your identifiable information.
What Could Be A Kirklees Council Data Breach?
All councils including Batley Council will usually have a data protection policy to protect all applicable data under the rules and regulations that apply to how it is stored and processed. Under the laws of this country personal data must be kept safe.
A data breach is considered a security incident where personal information is lost, destroyed, altered or accessed without permission. This is done accidentally or deliberately. There must be a lawful basis for processing your personal data. One lawful basis is your consent however, there are five other reasons.
Not all data breaches will mean a data breach victim is eligible for compensation. You will need to prove liability. You must show that the data controller, those who process personal information, did not do all it could have done to keep your data safe. One of our claim advisors can give you some advice on how to prove this.
Rules And Regulations
Before the UK left the EU, it was the European Union’s (EU) version of the General Data Protection Regulations (GDPR) that applied in the UK. Since leaving the EU the UK has switched to using the UK-GDPR alongside the Data Protection Act 2018 (DPA).
UK-GDPR makes provision for different types of data that need to be protected. We can define these as:
- Religious or philosophical beliefs.
- Your ethnicity or genetic/biometric data.
- Records about your physical or mental health.
- Details of trade union membership.
- Your political opinion.
- Telephone number
- Email address
What GDPR Compliance Requirements Are There For Councils?
The Batley Council data collection, storage and processing policy must comply with UK-GDPR where applicable. In order to prevent a potential Kirklees Council data breach, the council must keep personal data as safe as they can. The seven principles of UK-GDPR are:
- Setting a limit on how much information about you is stored.
- Data collection is transparent, fair, and legal.
- Keeping your data for a limited period of time.
- Keeping your personal information safe.
- Updating and maintaining your data.
- Limiting the use and processing of your personal information.
- Assuming responsibility for data-related actions.
The GDPR allow data subjects, those whose data is collected, a lot more control over how their information is processed. This means organisations that collect data must do all they can to ensure your personal information is kept safe. If the data controller failed to secure your personal information they can become liable if the data is exposed.
How Could A Local Council Leak Or Breach Your Data
We have looked at the laws related to data protection and privacy so far. Therefore, it is time to look at how non-compliance with these laws could lead to a possible data breach. In short, below we have provided example scenarios of possible data exposure.
- Your personal data is shared with a third party that is not authorised to have it.
- A digitally stored document such as your council tax bill, is left displayed on a computer screen where it can be seen by anyone.
- Old computer hardware such as a hard drive or USB memory stick containing your data is thrown away. However, they were not wiped beforehand.
- Paper that your personal data is printed on is disposed of. However, it was not shredded beforehand.
Should a Kirklees Council data breach happen our team can answer your questions. They can tell you the criteria for a data breach claim. Therefore, we recommend you explain your case to our claims team. An expert advisor will let you know whether it is valid or not.
Leaks In Tenancy And Social Work Data
Are you a Kirklees Council tenant? If so, you may know how much personal data is stored about you. For instance your contact details, along with your bank details and copies of your identification.
Below we provide examples of how personal information could possibly be breached.
- A physical document such as a rent statement being lost or stolen.
- Data stored by Social Services that relate to your family is shared with an unauthorised party.
- A document pack is prepared and sent to a landlord without your personal data being fully redacted. Therefore, an unauthorised party is able to read it.
- A network vulnerability is exploited by a cybercriminal. As a result, they have access to your personal data that they can use for nefarious means.
If the data controller such as a council can prove that they have put procedures and systems in place to protect your data, then if a breach does occur it is unlikely to lead to a claim. You can call our claims team for more advice about this.
Does The ICO Have To Be Informed About The Incident?
Firstly, you may wish to try speaking with the Data Protection Officer at the council. They will be able to tell you if a data breach has happened. Additionally, you can learn whether your data was affected, and if so, how badly.
How The Claims Procedure Works
”What should I do if a Kirklees Council data breach happened?” It may not always be obvious if a data breach has occurred or even if your personal information has been exposed. The best way to find out this information is to contact the data controller. If you want to know if you can make a claim for data breach compensation why not call our team. Our data breach claims team can assess your case for free. They can review any evidence you have along with correspondents from the data controller.
If our team can see that your case meets the criteria for claiming they can offer to introduce you to our solicitors. Any claims that we take on are through our No Win No Fee service. You can speak to one of our claim advisors to have your claim evaluated. They can then help you move forward with it.
What Types Of Damages May Be Paid Out?
If you are successful in your compensation claim for a data breach, there are two primary reasons for claiming damages. Firstly, you could be able to claim for stress, trauma or mental injury caused by the data breach. Secondly, any financial loss you have encountered due to the data breach could potentially be claimed for.
The Court of Appeal heard a case in 2015, Vidal-Hall and others v Google Inc. This claim was subsequently won, setting a precedent for claiming damages for stress, trauma and mental harm when no financial loss was faced. Therefore, in similar circumstances, you could do the same.
Financial loss comes in two forms. First, the actual loss caused by the data breach. For example, if a cybercriminal steals your digital identity, they might be able to access your bank accounts and use your cards. Therefore, you might try to claim this loss back. Second, there will be costs associated with the claims process. For example, using a document courier service or making telephone calls. These could be claimed back as well.
How Would You Calculate A Payout For A Kirklees Council Data Breach?
It is nye on impossible to give an average payout settle for any data breach claim. This is because each and every case is unique to that person. The table below shows bracket compensation figures for a number of different mental illnesses. We created this table by referring to the guidelines produced by the Judicial College in England. This is the publication that is used in personal injury claims that contains past awards.
|How Bad?||Health Issue||Possible Compensation||More Info|
|Severe||Psychiatric issues||£51,460 - £108,620||A severe mental injury would fall under this category. This likely resulted from several traumatising experiences. There is a significant likelihood that the victim will have ongoing mental health problems for the rest of his or her life, even if he or she recovers somewhat in time.|
|Moderate||Psychiatric issues||£5,500 - £17,900||A moderate degree of psychiatric damage falls into this category. Stress and shock can lead to this reaction. Even if minor symptoms persist after recovery, they won't be problematic.|
|Moderately severe||Psychiatric issues||£17,900 - £51,460||In this category is moderately severe psychiatric damage. A traumatic event could result in such a condition. The victim may experience continuing symptoms after recovery, possibly well into the future, even after he or she has mostly recovered.|
|Less severe||Psychiatric issues||Up to £5,500||This category would include all less severe mental disorders. This may have been caused by a traumatic event, for instance. Some victims might almost fully recover after a period of time, but may continue to have mental health problems that affect their lives in some way.|
Claim For Council Data Breaches Through No Win No Fee Agreements
The term No Win No Fee might be familiar to you. If it is, you likely already have a good idea of what it actually means. However, have you considered the fact that No Win No Fee is a possibility for a council data breach claim? Meaning you don’t pay any fee to your solicitor until your claim has been won.
The solicitor we assign you will not ask to be put on a retainer, or for any kind of upfront fee at all. Furthermore, there would be no ongoing fees to pay even if the claim takes months. And if the claim is a failure, you still don’t pay your lawyer a fee.
But if the claim is won, you will likely find that a modest success fee is due. Put simply, the solicitor will collect a small fee from the compensation payment they received for you. You will then get the remainder.
What Is The Best Way To Find A Claims Expert?
Thank you for reading our guide about the process should a Kirklees Council data breach occur. Let us now tell you what we can do you for. We can take the headache out of finding good legal representation to help you make a claim. Our team of specialists, expert lawyers understand the data breach claims process and can help you file your data breach claim correctly. This is as well as maximise the chance that your claim is a success. You can call and speak to a claim advisor to learn more about the ways that we can help you to claim.
Talking To A Claims Specialist
If a Kirklees Council data breach was to ever take place we could help by providing free advice. Our advisors are available 24/7, to answer your questions, and to help you to get your claim started. The information below will help you to contact them.
Telephone: 0800 073 8804.
Guides On Related Topics
Other useful guides can be found by following the links below.
- The Data Breach Claim Process
- How To Get Compensation From A Local Authority
- What If My Personal Medical Information Is Breached?
- Sickness At Work Data Breach Compensation Claims
- UK GDPR Breach Compensation Claims
- Child Custody Data Breach Claims
- Estate Agent Data Breach Claims
- Discrimination Data Breach Claims
There is also great information on these other websites.
What Questions Do Claimants Frequently Ask?
Here are some answers to the types of questions you might have about a data breach claim.
Am I eligible to make a claim?
The will depend on your circumstances. You can call and ask for one of our claim advisors to evaluate your claim for you.
Could I claim for inconvenience or distress?
In the right circumstances, yes, you could be able to claim for inconvenience or stress. Once again, please call and talk to one of our advisors for more information about this.
What fees do I need to pay to make a claim?
If you make a claim for a data breach and decide to use a solicitor you may have to pay a solicitors fee. There could also be other fees that are due once that claim is complete. Such as court fees, etc. Our claims team can tell you more about the cost of making a claim if you give them a quick call.
If you require more information please let us know. For more advice should a Kirklees Council data breach occur call when best suits you.
Written By Wheeler
Edited By Melissa.