Liverpool Hope University Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Liverpool Hope University Data Breach
My Information Was Exposed By A Liverpool Hope University Data Breach, Could I Claim Compensation?
Universities need to gather, handle and process vast amounts of personal, and sometimes sensitive, information about students and staff to enable them to function properly. Due to the sensitivity of that information, measures need to be implemented to try and ensure it is kept secure. While this guide covers data breach compensation claims against Liverpool Hope University, the details we’ll supply could be used in conjunction with any other type of data breach claim.
The main reasons data breaches have been hitting the news in recent years is the introduction of new legislation. The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) give any individual (or data subject) much more control over who can use their personal information.
Data controllers (the organisations who want to use that information) must now tell you why they want your information, and they need to ask for your permission as well.
Additionally, if any personal information is leaked, the data controller could be investigated and fined by the Information Commissioner’s Office (ICO). That process won’t provide compensation for you if you’re harmed in a personal data breach, but you could begin your own legal case.
If that’s what you want to do, Legal Expert could help. We provide a telephone consultation (without any obligation on your part) to assess your case. You’ll receive free legal advice and, if your claim is strong enough, you could be partnered with one of our specialist lawyers. To ease the stress involved with claiming, our solicitors provide a No Win No Fee service for any claim they take on.
To start your data breach claim today, please call our friendly advisers on 0800 073 8804. Otherwise, please read on to find out more about your options.
Select A Section
- A Guide On Data Breach Claims Against Liverpool Hope University
- What Are Data Protection Breach Claims Against Liverpool Hope University?
- General Data Protection Regulations For Universities
- What Types Of Data Breaches Could Affect Universities?
- The Scope And Statistics Of Data Breaches In The UK
- Reducing Cybersecurity And Cybercrime Breaches
- What Could A Data Breach Victim Be Compensated For?
- Compensation Calculator For Data Breaches At Liverpool Hope University
- How To Find A UK Data Breach Expert
- No Win No Fee Data Breach Claims Against Liverpool Hope University
- Talk To An Expert About Your Data Breach Case
- Data Protection Rights Resources
A Guide On Data Breach Claims Against Liverpool Hope University
If you’ve signed up to any type of education course in recent months, you’ll probably have noticed large sections of the application form telling you about how your personal information will be used. The same is true if you shop online, hire a car, register with a doctor or join a gym. That’s because one of the main rules in the GDPR is that you have to be informed of the reason your information is required.
On top of that requirement, the data controller must also ask you to agree to your data being used. On a form, this will usually be a series of tick boxes. Forms on websites might also use pop-up boxes. Crucially, once you have explained your preferences, your data must not be used for any other purpose.
It is also expected that data controllers will keep your information safe and prevent it from getting into the wrong hands. If a data protection breach does take place, the ICO can fine organisations up to 4% of their annual turnover. Additionally, you may be able to seek compensation for any harm caused.
As with other compensation claims, time limits do apply. For the majority of cases, you will get 6-years to make your claim. One exception is where the claim is about a human rights breach in which case, you’ll only have 1-year to begin. While you could wait to start your claim, we think remembering how you have been impacted will be easier if you begin as early as possible. Additionally, your legal team may find that it is easier to gather evidence to support your case.
What Are Data Protection Breach Claims Against Liverpool Hope University?
You might automatically assume that when we talk about university data breaches, we mean those caused by malware, phishing emails, viruses, ransomware, key loggers or other types of cybersecurity issues.
However, the GDPR is also concerned with data that is stored on paper as well. For example, a personal data breach might have occurred if a company failed to lock a filing cabinet and documents containing personal information were stolen during a burglary.
Within the 88-page GDPR document, personal data breaches are listed as events that take place when some sort of security issue means data that could identify a data subject is altered, destroyed, lost, disclosed or accessed by an unauthorised party.
The ICO can choose to investigate any type of data protection issue whether it was accidental, deliberate or illegal. As well as informing the ICO about a security breach, the data controller has to begin their own investigation. If there is any chance that a data subject may be at risk, they must be informed about how the event took place, what data was leaked and when the breach occurred.
General Data Protection Regulations For Universities
The GDPR governs who has what role to play with regard to data protection. If an organisation is registered as a data controller, they must be able to show that they comply with the following rules:
- Data subjects must always be told why their personal data is required.
- Processing of any personal information must be conducted in a fair, transparent and legal manner.
- No more data than is required should be collected.
- There must be a system which allows personal information to be updated if it is stored.
- The way in which data is processed needs to be secure and confidential.
- While there is no time limit defined in the GDPR, personal information must never be kept any longer than necessary.
The GDPR clarifies that any data that could be used to help identify a data subject is what it means by ‘personally identifiable data’. The list of information could include ID numbers, student enrolment numbers, names, email addresses, mobile numbers, or home addresses. In addition, some data relating to protected characteristics may also be included such as sexual orientation, age, disability, or ethnicity.
What Types Of Data Breaches Could Affect Universities?
There are many theoretical reasons why a university data breach might occur. However, in this section, we’re going to look at a real-life case.
In May 2020, a company that supplies higher education establishments with database systems, Blackbaud, suffered a hack. As their service is cloud-based, the data that was downloaded affected a number of different organisations including many British universities.
In line with GDPR rules, the company told its customers about the breach (and the subsequent ransom demand). In turn, those organisations made arrangements to let their staff, students and alumni know what risk the breach posed and what to look out for.
While most law agencies do not recommend paying a ransom, that is the step Blackbaud took to try and resolve the matter. In return, the criminals made assurances that the data they had obtained illegally had since been destroyed.
The Scope And Statistics Of Data Breaches In The UK
A recent study by a company that helps companies stop cyber threats has provided some alarming figures relating to university data security. The report that was based on answers from 86 universities reports that:
- 54% of the responding universities had needed to report a data breach to the ICO within the last 12-months.
- Over a quarter said they’d never used an external security firm to perform a penetration test of their IT systems (27%).
- 46% of university employees hadn’t received any data security training within the previous 12-months.
- 49% said that they did not offer training, proactively, to students on how to keep data safe.
- On average, the annual data security training budget per university was only £7,529.
It’s worth remembering that as well as the personal information held by universities about their staff and students, some also hold a lot of sensitive information that is used to help with research projects.
Reducing Cybersecurity And Cybercrime Breaches
While there is no guaranteed method of stopping IT data breaches from taking place, there are some standard guidelines that could be used to help prevent them. They include:
- Offering adequate levels of data safety training to staff and students.
- Using encryption software so that any data on devices becomes unreadable if lost or stolen.
- Hiring external cybersecurity specialists to try and spot how criminals might exploit security weaknesses.
- Keeping all devices up to date with the latest security patches.
- Checking over and updating data privacy policies regularly.
When implementing IT security measures, the initial cost might seem prohibitive. However, if no steps are taken, it is possible that students and staff could be harmed if another breach takes place and the university could be handed down an expensive fine from the ICO.
What Could A Data Breach Victim Be Compensated For?
It would be really nice and easy if you could contact a defendant’s lawyer and simply tell them how much compensation you want to be paid to settle the case. However, the process is trickier than that!
Any claim needs to explain how you have suffered and must be backed up by substantiating evidence. What’s more, the claim becomes trickier if there is a chance you’ll continue to suffer in the future as this will need to be considered at the same time.
Your calculation will begin with material damages. This is the element of your claim where you look at how you have lost out financially. You’ll begin with money that has already been lost. Then you might need to calculate a figure for future losses as well. For example, if your personal data has been sold to multiple criminal groups online, there is a potential for more and more identity theft crimes against you in the future.
The next element of the data breach compensation is called non-material damages. These are claimed to cover any pain, suffering or loss of amenity that has been caused. Examples in this category include anxiety, depression and stress.
While your claim will start with conditions that have already been diagnosed, you will also need to be assessed by an independent expert to work out how you might suffer going forward. For example, it might be the case that your injuries could impact your ability to work, function daily or manage relationships.
We believe the facts shown here demonstrate how complex data breach claims can be. It’s important to get things right, though, as you are unable to request additional compensation once you’ve agreed to settle.
Compensation Calculator For Data Breaches At Liverpool Hope University
Within this section, we are going to let you know about how much compensation could be paid out in data breach claims. For a personalised estimate, you will need to have your case reviewed properly but you should still find the details we provide here helpful.
In 2015, the Court of Appeal laid down a game-changing judgment in the case of Vidal-Hall and others v Google Inc . There it was decided that claims for psychological injuries could be pursued whether there had been any financial losses caused by the data breach or not. The same court decided that awards in such cases should be valued with reference to personal injury law.
In the table that follows, you will see some guideline compensation figures. These amounts are from the Judicial College Guidelines that courts and legal professionals use when calculating settlement amounts.
|General Psychiatric Injury||Severe||£51,460 - £108,620||The injury will be very severe and mean that treatment won't help. The victim will be vulnerable and struggle to cope with life, relationships and work. Therefore a very poor prognosis will be given.|
|General Psychiatric Injury||Moderately Severe||£17,900 to £51,460||There will be similar symptoms to the category above causing very significant issues. However, a more optimistic prognosis will be issued.|
|General Psychiatric Injury||Moderate||£5,500 to £17,900||The victim will have made improvements in this category which means a good prognosis will be given.|
|General Psychiatric Injury||Less Severe||Up to £5,500||Minor symptoms that fully resolve within a short space of time.|
|Post-Traumatic Stress Disorder||Moderately Severe||£21,730 to £56,180||The symptoms in this category won't be permanent but there will be serious problems for the foreseeable future. Improvements should be made with professional support.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||This category is used when most serious symptoms have been resolved. Minor issues may remain though.|
One of the key criteria used to determine how much compensation should be awarded is the severity of the injury. Therefore, when your claim is being processed, it will be important for you to be examined by a medical expert, as mentioned above. During the meeting, an independent medical expert will take a look through your medical records. They will also assess how you have been affected by the data breach by asking a series of questions.
How To Find A UK Data Breach Expert
Now that you’ve got this far in our article about data breach claims against Liverpool Hope University, you may wish to choose a solicitor to represent you. While you could look along your local high street, pour through the many online reviews, or ask a family member for a recommendation, we do have an easier option for you.
One quick call to Legal Expert could get your claim up and running in no time. Our advisors will assess your case and answer all of your questions without obligation. If the claim appears feasible, you could be represented by one of our data breach solicitors.
Should that happen, your solicitor will be there to answer any queries throughout your case. They will explain any legal jargon, keep you up to date with the progress made and will try to achieve the most compensation that is possible in your case.
No Win No Fee Data Breach Claims Against Liverpool Hope University
It’s fairly common for anybody considering a compensation claim to be put off when they think about the cost of appointing a solicitor. If your case is accepted by Legal Expert though, you won’t need to worry as our solicitors provide their services on a No Win No Fee basis.
That means that not only will you have a reduced financial risk, but you will also feel less stressed about money as the case progresses.
Your solicitor will need to verify that the case appears to be feasible before taking it on. When a claim is taken on, a Conditional Fee Agreement (CFA) is used to fund it—the formal term for a No Win No Fee agreement. The CFA explains how the claim will be processed and that:
- No money will be requested upfront which allows the claim to begin right away.
- There aren’t any solicitor’s fees to pay while the claim is still progressing.
- In the event of an unsuccessful claim, you will not be billed for any solicitor’s fees.
Should your case have a positive outcome, your solicitor will keep a small percentage of the compensation that is paid to cover their costs. Known as a success fee, it is, by law, capped. Your percentage will be detailed in your CFA so it will be clear how much is payable before you agree to start the claim.
Talk To An Expert About Your Data Breach Case
We are nearly at the end of our guide about university data breach claims. If you are now ready to discuss your claim with one of our specialists, there are a number of ways you can contact us. You could:
- Get in touch by phone on 0800 073 8804 and speak to a specialist advisor.
- Email us with an explanation of what happened to email@example.com.
- Ask questions in our live chat tool which is open 24-hours a day.
- Request a call from a specialist by using our online claim form.
So that we don’t waste your time, we will be honest and open about your chances of receiving compensation. When you get in touch, a specialist will listen to what happened, review your evidence and provide free advice.
Data Protection Rights Resources
Thanks for reading our article on data breach claims against Liverpool Hope University. We do hope that the information we have supplied has helped you to understand when a claim might be possible.
If you do go on to make a claim, you might find some of the resources listed below useful. Additionally, to demonstrate the other types of claims Legal Expert could help you with, we have listed some of our guides too. If there is any further information that you require, please get in touch.
Processing Personal Data – Information from Liverpool Hope University on how they may use your personal information.
Reporting Data Breaches – An explanation from the ICO on how you should report data breaches to them.
Causes Of Post-Traumatic Stress Disorder – This NHS article looks at some of the causes of PTSD.
Claims For Injuries In Shops – Advice about claiming for injuries that have been sustained in shop accidents.
Workplace Injury Claims – Information about how to claim against your employer if you are injured at work.
Car Accident Checklist – The steps you should take if you are involved in a road traffic accident.
Guide by Hambridge
Edited by Billing