Last updated 29th October. The breach of your data can feel extremely violating and cause psychological distress. This is particularly prevalent if your child’s data may have also been breached. Therefore, a nursery data breach may have drastically affected your daily lifestyle. No one expects that an institution responsible for safeguarding your child will fail them in this way. You may experience financial difficulties, as it can be difficult to go to work when suffering from emotional distress.
Data breaches can be a complex area of law to understand. However, our advisors offer free advice 24/7. They will explain whether you can start a compensation claim with one of our expert solicitors. This is a great way to recover your losses and seek closure.
Answers To Some Key Questions
- When can I claim for a nursery data breach? If you have suffered psychologically or financially due to a breach that resulted from an organisation’s failure to uphold data protection laws, then you can seek compensation.
- How can a data breach occur? Data breaches are caused in a variety of ways. Examples include inadequate security systems, loss of records and sending communications to the wrong person.
- How can I prove that a data breach occurred? There are many forms of valid evidence, such as a copy of the notification letter or email informing you of the breach.
- Can I claim if my pre-existing psychological condition was exacerbated? Yes, though you will need to provide medical evidence to show that the breach affected you in this way.
- What is personal data? This term covers information that could be used to identify you, such as a full name, personal contact number or home address.
If you have any immediate questions, you can contact one of our advisors today.
4.8 (466 reviews) A Guide To Nursery Data Breach Compensation Claims
Are you a parent or guardian whose personal data has been breached by your child’s nursery? Or, on the other hand, have your child’s personal data been breached? If you’ve suffered financial or mental damage, you may be eligible to claim compensation.
In the UK, the Data Protection Act 2018 applies to nursery schools and childcare providers. This law enacts into UK law the General Data Protection Regulation (GDPR), a piece of EU legislation. How does the Data Protection Act 2018 apply in a childcare setting? The application of the Data Protection Act 2018 in early years education and childcare requires the following from nurseries:
- Firstly, that nurseries have a duty of care over any data they collect, process and store. This means that if the nursery acted negligently, leading to a breach of data protection, the nursery could be held liable for any harm caused.
- Secondly, nurseries must have security systems in place to protect the data. For example, nurseries must train their staff to protect sensitive data. They should also have a cybersecurity system in place to protect the nursery’s databases.
- And finally, individuals have a right to make a personal data breach claim if they have been affected by a nursery data breach.
Unfortunately, data protection breaches in nurseries do occur. If a nursery school data breach has affected you, you may be eligible to claim compensation. To begin your data breach claim against a nursery, call Legal Expert today.
What Data Breach Claims Time Limits Apply?
If you wish to make a data breach claim, you must do so within the time limits allowed. In the UK, the time limit is 6 years, commencing from the point in time in which you were informed of the breach. You will, however, only have a year to begin your claim for compensation if your human rights were affected by a data breach.
4.8 (466 reviews) What Are Data Protection Breaches In Nurseries?
A nursery data breach is an incident involving a lapse in security involving the personal data at a children’s nursery. Data breaches can involve data leaks and data exposure incidents. Or it can relate to the alteration of personal data without permission, or an unauthorised person accessing the data. Also, data breaches happen if data is lost, altered, destroyed or encrypted. Any of these incidents could be deliberate or accidental.
To operate, nursery schools will collect data from various parties. This includes parents and guardians, the children they care for, and staff members. Therefore, a nursery data protection policy must be in place to protect the information they protect, process, and store. If a data breach takes place, this could breach the General Data Protection Regulation and Data Protection Act 2018.
How can nursery school data breaches affect those involved?
Data breaches can lead to incidents of identity theft or fraud. This can lead to financial losses.
Parents and guardians, as well as nursery school employees, may also experience psychological distress. Sadly, there may also be incidents when a data protection breach means that a vulnerable child is put in danger. For example, if a child in foster care has their personal data exposed in the public domain.
Have you been affected by a nursery data breach? Whether you are a parent or guardian, or an employee, you may be eligible to make a data breach compensation claim. Call Legal Expert to speak to an advisor. If we can see that you’re eligible to claim compensation, a skilled data breach lawyer will start working on your case.
How Does The GDPR Affect Childcare Settings?
You may be wondering what exactly is GDPR in early years education. All organisations and businesses in the United Kingdom must follow the General Data Protection Regulation (GDPR). Including nurseries and early years education institutions. The Data Protection Act 2018 enacts the GDPR into the laws of the United Kingdom.
How Does The Data Protection Act Apply In Childcare Settings?
We have already looked at the key elements of the GDPR. Now let’s look at how the Data Protection Act 2018 applies in early years education and nursery schools. The following roles are applied in the GDPR:
- The data controller: This is the nursery itself or the organisation in control of the nursery or group of employees. They are in charge of collecting data and in some cases may also conduct the processing and storing of that personal information.
- The data processor: This is an outside business that processes and in some cases stores the data on behalf of the nursery. Sometimes they may work alongside the data controller.
- The data subject: These are individuals whose data is collected, processed, and stored by the nursery. They could be a child, a parent or guardian, or a staff member.
How Should Nurseries Collect Data?
The General Data Protection Regulation requires nurseries to protect personal data. They must do so by adhering to the following rules:
- The nursery must collect personal data by consent. This means that data subjects must permit their data to be collected.
- When the nursery collects personal data, they must explain their reasons for doing so to the data subject. The nursery cannot use personal data for any other purposes.
- The data controller and data processor must operate within the law. They are responsible for abiding by all of the data protection laws and regulations within their country.
A nursery data breach is when a nursery breaks the rules of the GDPR. So who do you report a breach of data protection at a nursery to? Firstly, it’s advised by the Information Commissioner’s Office (ICO) that you should first get in touch with the nursery’s data protection officer. They should confirm what happened and what information has been exposed.
If they don’t get back to you with a satisfactory response and the conversation has gone quiet for a period of around 3 months, you can raise a complaint with the ICO directly. Importantly, the ICO has the power to fine companies for a data breach.
Examples Of Data Protection Breaches In Nurseries
A recent nursery data breach that made the news was the NurseryCam data breach. NurseryCam is a webcam system for nurseries. Parents and guardians have their own secure account, which allows them to view their child when they are at nursery.
Unfortunately, in early 2021 there was a NurseryCam security breach. A cyberattack occurred on the company’s computer security system. As a result, hackers accessed unauthorised information. This included names, usernames, passwords, and email addresses of individuals with a NurseryCam account. The company made a public statement to explain that hackers were unable to access NurseryCam footage.
This data breach could lead to reputational damage for NurseryCam. The data breach may also hurt the reputations of nurseries that use their product because parents may perceive their business to be less trustworthy.
Source: https://www.bbc.co.uk/news/technology-56141093
How Nurseries Can Breach Your Data Privacy
Most data breaches are down to human error, such as sending personal data to the wrong person. For example, if a bullying incident has taken place, the nursery might write to the parents and guardians of the children involved. If the nursery sends the letter to the wrong address, this is a data breach because unauthorised persons accessed the data. The incident may be distressing for those involved.
Unfortunately, data breaches can also happen because of malicious actors. For example, a nursery may experience a cyberattack where hackers steal personal data. The hackers may hold the data to ransom or use the data to commit identity fraud.
Insider threat is another problem. This is when data is exposed intentionally by a nursery employee. This is either for financial gain or a personal vendetta against the company.
What personal information can be compromised if a data breach takes place?
- Names
- Email addresses
- Phone numbers
- Home addresses
- Financial information such as bank account number
- Information about the client’s child, including name and date of birth, child’s racial or ethnic origin, or their family’s religious belief.
What Should A Nursery Do If There Is A GDPR Breach?
So if there is a GDPR breach at a nursery, what should happen? The data protection breach should be reported as soon as possible. But who can you report data protection breaches to in childcare businesses? The data breach should first be reported to the organisation’s data protection officer. They should investigate and provide details of their findings. If the response they gave isn’t satisfactory, you can report it to the Information Commissioner’s Office. They may investigate the data breach and fine the company if necessary.
The nursery should contact affected individuals to inform them of the data breach without undue delay. However, if a child was affected by the data breach, they should inform their parent or guardian.
Time Limits To Report Data Breaches To The Information Commissioner
If a nursery data breach occurs, this data breach should be reported to the Information Commissioner’s Office within 72 hours.
Should I Report A Nursery To The Information Commissioner?
If you are the victim of a data protection breach in a nursery and the business does not report the data breach to the ICO, what can you do? You can take the steps below:
- Firstly, you can write to the nursery to make a formal complaint about the data breach. The Information Commissioner’s Office has a guide on raising concerns.
- Secondly, if you do not receive an adequate response about the data breach, you can report the data breach to the Information Commissioner’s Office.
The Information Commissioner’s Office will investigate the nursery. The ICO may issue a fine to the company. Please be aware that the ICO may decide against investigating a data breach complaint, particularly if it’s been longer than 3 months. So make sure that you report your data breach promptly.
How Do I Claim For A Data Breach By A Nursery?
You may be eligible to claim compensation if you can prove that you’ve been impacted by a data breach at a nursery school. Whether you are the parent or guardian of a child or a staff member, you may be owed compensation. Please note, a data breach may cause distress and financial loss. These may not always be apparent immediately after the data breach has taken place.
To claim compensation for a breach, first of all, we recommend writing to the nursery to inform them that the data breach occurred. You should explain the effect it has had on you. This can include loss of confidentiality, psychological distress, and financial loss. If you are not satisfied with the response that you receive, you can claim compensation.
The next stage in the data breach claim process is to seek legal representation. Why not consider using our services to take advantage of our team of specialist solicitors? To begin your claim, call us today for your free legal consultation.
How Is Compensation Awarded For Breaches Of Data Protection?
Many people find that having their personal data breached can be as distressing as having their home broken into. The privacy violation can be worsened if sensitive data about your children was breached. Sometimes data protection breaches cause people to suffer psychological injuries. Such as anxiety, depression, and post-traumatic stress disorder (PTSD). What’s more, people may become victims of fraud or identity theft. This can cause them to lose money.
You will be awarded up to two heads of claim in a successful case. These are:
- Material damages: This is compensation for any financial losses.
- Non-material damages: This will compensate you for any psychological distress.
Nursery Data Breach Compensation Calculator
You can use the table below to estimate how much money you could receive in non-material damages in a successful data breach claim. For example, what compensation you may be paid for depression, anxiety, trauma, or PTSD.
| Form of psychological injury | Degree of psychological injury | Comments on this injury | Settlement estimate |
|---|---|---|---|
| Multiple injuries with the associated costs | Severe | Multiple injuries resulting in financial impact such as medical expenses, lost income and payments for relocating your home | Up to £500,000+ |
| Psychiatric Damage | Severe | Claimants could be left with severe issues in many aspects of their life. This could include their ability to continue with work, relationships and education. | £66,920 to £141,240 |
| Psychiatric Damage | Moderately severe | Whilst similar aspects of the claimants life may have been affected, this will be to a moderatly severe degree. | £23,270 to £66,920 |
| Psychiatric Damage | Moderate | The person either will already have or is predicted to make a good degree of recovery. Similar aspects of the claimants life will have been affected. | £7,150 to £23,270 |
| Psychiatric Damage | Less severe | Claimants could still see their ability to cope with working, relationships and education as well as other aspects of life. | £1,880 to £7,150 |
| Post Traumatic Stress Disorder | Severe | A claimant will have been left with permanent effects and symptoms of post traumatic stress disorder. | £73,050 to £122,850 |
| Post Traumatic Stress Disorder | Moderately severe | The claimant will still have PTSD, but with a better degree of future outlook than those of the category above. | £28,250 to £73,050 |
| Post Traumatic Stress Disorder | Moderate | The person affected should already have had a degree of recovery. However, they could still be left with some PTSD symptoms. | £9,980 to £28,250 |
The figures you can see in the table above are based on Judicial College guidelines, aside from the first entry.
For a valuation more specific to your case, get in touch today to speak to an advisor.
No Win No Fee Nursery Data Breach Compensation Claims
Has a nursery breached your personal data? If so, we can help with our team of specialist No Win No Fee solicitors. With a No Win No Fee case, we will work on your claim without charging you an upfront fee. Instead, you will sign a Conditional Fee Agreement (CFA), which is the formal name for a No Win No Fee agreement.
If your claim is successful, your solicitor will make a small deduction from your compensation award, known as a success fee, to cover their legal fees. However, in the event that you don’t win your claim, you won’t have to pay a success fee, nor any of your lawyer’s fees.
This means there is less financial risk involved. This is because you won’t be required to pay any fees. Secondly, it is the more affordable option because there is no upfront solicitors fee to pay.
We have a detailed guide on No Win No Fee claims, which you can read here.
Contact An Advisor
If you’d like to learn more or want to take action today, why not get in touch?
- Call us on 0800 073 8804.
- Use our online data breach claims form.
- Chat now using our live chat, bottom right
Related Guides
Thanks for checking out our nursery data breach guide.To learn more about claiming for a breach of data protection, please feel free to look at these guides.
Social Services Data Breach Claims – How Much Compensation Can I Claim?
GP Data Breach Claims Guide – How Much Compensation Can I Claim?
Housing Association Data Breach Claims – How Much Compensation Can I Claim?
External Data Breach Guides
An ICO guide to data breach claims
FAQs On Dealing With Data Breaches
We will now answer some of your frequently asked questions about data breaches.
What Are My Rights If My Data Has Been Breached?
You may have the right to claim compensation if your personal data has been breached. We recommend appointing a data breach lawyer to handle your claim.
What Can I Do If My Personal Data Has Been Breached?
Firstly, you can complain formally to the party that breached the data. The party can advise you on what data was breached and how it may affect you. Then we recommend you change your passwords as a security measure.
Can I Claim Compensation For A GDPR Breach?
You can claim compensation from a party that has breached your personal data. The compensation will pay you for any emotional distress, and monetary losses suffered.
Can I Sue A Company For A Data Breach?
If a company you have entrusted with your personal data has breached it, you may sue. Call Legal Expert today to enquire about finding a solicitor to represent your case.
Thank you for reading our guide on what to do for a nursery data breach.
Guide by Chelache
Edited by Billing
