Post Office Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Post Office Data Breach
The Post Office Breached my Data Privacy, Could I Claim Compensation?
Welcome to this online guide discussing how to claim if you have suffered financial loss or psychological trauma due to a Post Office data breach.
Whenever you sign up to a new service that involves your data, whether it be a gym, a new streaming service, or merely a takeaway app, the company in question has a lawful obligation to ensure that data is kept confidential and safe.
Various types of regulations and procedures emphasise the importance of data protection, as well as outlining how to keep data safe and secure. However, if a breach were to occur, it could ultimately result in various degrees of psychological trauma and financial loss.
By the time you have read this guide, you will have a greater understanding of the claims process. More accurately, you will understand how a data breach could be caused, what damage it could inflict, and whether or not you could pursue a compensation claim.
In the meantime, if you happen to have any questions about your potential case, the claims process, or the content within this guide, please do not hesitate to contact our claims team. Here at Legal Expert, our advisers are available 24 hours a day, 7 days a week. So give us a call on 0800 073 8804.
Select A Section
- A Guide To Data Breach Claims Against The Post Office
- What Is A Data Breach Claim Against The Post Office?
- What Happens If The GDPR Is Breached?
- Action Taken By The ICO Against Mail Service Operators
- Reporting The Post Office To The Information Commissioners’ Office
- How Could A Data Breach Victim Be Compensated?
- How Much Compensation For A Breach Of Data Protection Could I Claim?
- How To Claim If The Post Office Has Breached Your Data Privacy
- How Specialist Solicitors Could Help You Take Action
- No Win No Fee Data Protection Breach Claims Against The Post Office
- Contact Our Team
- Public Body Claims Resources
The security of your data is crucial, especially in today’s highly technological world. There are electronic systems for almost everything, ranging from our medical records and online shopping, to something as simple as our takeaway orders.
In every case where your data is being used and stored, the organisation in question—such as the Post Office—is required to meet specific legislation, such as the rules outlined by the Data Protection Act 2018. We will delve into the Act in greater detail later in this article, but in short, it states that every party responsible for handling data must meet a certain standard.
If a Post Office data breach were to occur, the repercussions have the potential to be significant. Should you find yourself in a situation where your psychological well-being has suffered due to a data breach, or even if you have endured financial losses, please continue to read this guide.
Once you have read this guide to the end, you will have the answers to the following questions—amongst many others:
- In the event my data is breached, what should I do?
- I experienced a financial loss due to a data breach, could I make a claim?
- Do I need to provide documentation or evidence to support my case?
- At what point should I begin my claim? Is there a time limit?
- How do I find the right solicitor with relevant expertise?
Our team is exceptionally well versed in the law, so if you believe you have suffered due to a Post Office data breach, please contact us. You can reach our team using the number at the top of the page, or if you’d prefer to enquire online, please click here.
Compensation Claims Time Limit
If you intend to pursue a data breach claim, then you have 6-years to make your case.
While 6-years may sound like a significant amount of time, you need to allow your solicitor time to compile evidence and build your case. The more time they have, the better. Also, it is crucial to begin your case as soon as possible, as there are some circumstances where the time limit could differ.
For instance, if your case involves a human rights breach, then the limitation period is 1-year. If you have any uncertainty regarding the criteria listed above, please reach out and speak to one of our advisers.
In recent years, the rise in technology has resulted in mass amounts of change and development. One area in particular that has become incredibly advanced is the laws and regulations surrounding our data and the way it is protected.
Due to the way our data is used, companies are now required by the General Data Protection Regulation (GDPR), which was enacted into UK law by the Data Protection Act 2018, to engage in safe practices to ensure it is as secure as possible. However, while there are precautions set in place to promote data protection, unfortunately, there are circumstances where errors can occur.
Various forms of data could be compromised. For example, if a Post Office breach were to occur, then the following types of data could be non-consensually leaked:
- Online activity
- Email address
- Home address
- Date of birth
- Mobile number
- Usernames and passwords
- Banking information
If you can provide evidence that shows how a Post Office breach has happened and has resulted in any degree of financial loss or psychosocial trauma, then you could have grounds to seek compensation.
Not only could you seek compensation as a customer of the Post Office who has been affected by a data breach, but you could also seek compensation if you are an employee involved in a data breach. As an employer, the Post Office has a direct obligation to ensure your personal data is protected—even once you have left the role/company. The Post Office must ensure that your personal data, such as bank information, home address, or even your CV, is secure.
Since the introduction of the General Data Protection Regulation (GDPR), businesses and organisations have to meet a particular set of criteria when it comes to securing personal data. The GDPR was enacted by the Data Protection Act 2018 to ensure all businesses and organisations that use and store personal data are held accountable and to a high standard.
You may question what role the GDPR plays concerning data, so to help further your understanding, we have included some essential duties:
- The Data Controller — the data controller is required to outline how and when your data needs processing, as well as outlining how it will be collected.
- Data Processor — the processor will collect data on behalf of the data controller.
- A Data Subject — this is the individual whose data is being processed.
When discussing the obligations of the third party concerning data, the GDPR also states that the following duties must be met:
- The data subject must be fully informed as to why their data is being used and how it is being stored.
- Every piece of personal data must be stored safely and meet the required safety standards.
- Data controllers must adhere to their duties and ensure they comply with all rules and regulations.
Unfortunately, while there are standards and regulations to prevent data breaches from occurring, accidents and mistakes can happen. In return, a data breach could result in various implications.
Speak to one of our specialists if you have any concerns or would like to discuss your claim further.
If a Post Office data breach were to occur and result in trauma or financial loss, then you might question whether you can file a complaint or seek legal action. To further your understanding, we have included a recent case study of a fine made against the Royal Mail Group Ltd.
In 2017, the Royal Mail Group was issued a £12,000 fine by the Information Commissioner’s Office (ICO) following the sending of 300,000 nuisance emails.
In July of 2017, the company sent 327,014 emails to those who had previously opted out of receiving direct marketing. The emails contained information on a price drop for parcels. However, the clients had not consented to them being sent such information, meaning that the Post Office broke the law.
As a result, the ICO launched an investigation into the matter after receiving a complaint from a member of the public. In doing so, the ICO found out that Royal Mail claimed that the emails were a service rather than marketing. But the ICO found that the emails had marketing involved, which in return broke the law.
How A Mail Service Provider Could Breach Your Data Privacy
Various factors could contribute to your data being misplaced, lost, or stolen. For instance, a software malfunction could ultimately cause a data breach. However, there are physical ways in which your information could be compromised too. For example, a data breach could be caused by:
- A member of staff could accidentally send a letter to an incorrect address, exposing personal information.
- An employee may have left the office or storage rooms unlocked, allowing access to private information.
If you can provide evidence that shows how a Post Office data breach has occurred and how it has affected you psychologically or financially, then you could have grounds to seek compensation. Within the following sections, we are going to outline what steps you could take to support your potential claim.
Should a Post Office data breach cause you psychological trauma or financial loss, then you will be required to provide evidence to support your claim. In the following sections, we outline the importance of evidence by discussing medical assessments and how they can benefit your case. However, you could make a formal complaint to the Post Office, which can be just as effective in supporting your claim.
By submitting a formal complaint, the Post Office will most likely investigate the matter. Once the internal investigation has come to an end, the Post Office is required to inform the Information Commissioner’s Office (ICO) as well as the victims affected by the breach.
If you were to disagree with the outcome of the investigation, then you should have the opportunity to escalate the claim. However, please note that you could also make a complaint about the business through the Information Commissioner’s Office (ICO).
You should report the breach to the ICO around 3-months of no communication between yourself and the business. However, to delay much more than that could see the ICO reject your complaint.
Following an ICO investigation, they could issue a financial penalty to the company for failing to adhere to data protection laws. But please note that the ICO cannot give compensation to those affected by the breach.
Please reach out and speak to one of our advisers for more information on how one of our solicitors could help you seek the compensation you deserve if you’ve been harmed by a data breach.
When seeking compensation for a Post Office data breach, payment can be broken down into two parts. The two factors include:
- Material damages—this relates to financial losses caused by the breach.
- Non-material damages—can be awarded to those who have experienced psychological trauma due to the data breach.
For compensation to be awarded for any degree of financial loss or psychological trauma, you must be able to provide evidence that effectively connects the data breach to the damage caused. For example, if you have experienced financial loss, you can support your claim by giving financial documentation, such as receipts, credit scores and bank statements.
In contrast, if you suffered psychological trauma such as depression or anxiety, then you can obtain medical evidence as part of a claim by attending an assessment. The impartial professional conducting the session will ask you a series of questions relating to your trauma to gauge its impact. They will also evaluate the severity of the conditions as well as determining if there are any future implications.
All of the information collected from the medical assessment will be placed in a report, which can then be used to value and support your claim. By having medical evidence, a solicitor can ensure a proper amount of compensation is awarded for the level of injury endured.
If you have suffered due to a Post Office data breach, then you might qualify for compensation if you can prove the breach and harm caused. We receive a lot of questions relating to the claims process, more specifically, to compensation.
Due to the case of Vidal-Hall and others v Google Inc , courts can now issue compensation to those that have suffered any form of financial loss or psychological suffering due to a data breach. Prior to this, compensation for psychological harm was only possible if financial harm had been suffered too.
It was also decided in the case that compensation for psychological harm can be valued with reference to personal injury law.
The amount of compensation that could be awarded will be heavily influenced by the type of injury you’ve endured, the severity and any lengthy implications. It is for that reason why we have used information provided by the Judicial College Guidelines, a document used by those in the legal system to value personal injury cases
Injury Severity Amount Awarded Notes
Post-Traumatic Stress Disorder Moderate £7,680 to £21,730 Cases of this nature would make a great recovery with minimal disabling effects.
Post-Traumatic Stress Disorder Severe £56,180 to £94,470 Severe PTSD would result in life-altering implications. The individual would never return to a pre-traua state, which would affect their social and professional.
Psychiatric Damage Generally Less Severe Up to £5,500 The level of award will take into consideration the length of period in takes for recover.
Psychiatric Damage Generally Moderately Severe £17,900 to £51,460 Within this bracket, the problems would have been primarily resolved with only minor affects.
Psychiatric Damage Generally Severe £51,460 to £108,620 Severe cases would have a lifealtering influence as it would result in varying degrees of trauma.
If you have any questions regarding the compensation table, the Judicial College Guidelines, or your potential case, then please speak to one of our claims specialists. By speaking to our team, one of our representatives can answer any questions you may have and assist you however they can.
You might believe that you require a local solicitor based in your area to handle your claim, but that isn’t the case. Through the power of the internet and communication devices, a solicitor can offer to handle your claim regardless of their location.
For instance, if one of our solicitors were to offer to handle your claim, they can keep you informed of the status of the claim by:
- Speaking over the phone.
- Sending emails.
- Providing information in writing.
- Or by speaking with you in person during face-to-face meetings.
For the most part, a lawyer can handle your claim remotely. However, please note that there are aspects of the claim that may require your attendance, such as a medical appointment. Therefore, we always recommend reaching out and speaking to a specialist.
Why not click the live chat icon in the right-hand corner of the page to speak with an adviser? They can answer any concerns you may have.
For many, a critical part of the claims process is finding the right solicitor who has relevant experience. Many claimants have limited legal knowledge; therefore, it is more than understandable to be unsure of how to find the right solicitor to handle your case.
It is for that reason why many claimants take to the internet to aid them during the decision-making process. More specifically, claimants tend to read client reviews, as they can offer incredible insight and information.
By reading client reviews, you can determine whether a lawyer has the relevant experience to handle your case. However, we always recommend picking up the phone and speaking to an advisor. In doing so, you can ask critical questions such as whether the solicitor has the experience to handle your case.
If you’d like to take a look at our reviews, then please click here.
We receive a lot of questions regarding the claims process. Most commonly, we hear concerns from claimants regarding the financial aspects. Understandably, you do not prepare for the moment you need to take legal action after a data breach, and having to find affordable representation may add to that stress. It is for that exact reason why our solicitors could offer to handle your claim under a No Win No Fee agreement.
Many experts recognise the benefits of a No Win No Fee agreement. For instance, should a solicitor accept your case, then they would act under a No Win No Fee agreement. In doing so, you would have access to the following benefits:
- Under the agreement, you would not have to pay any upfront costs.
- You would not be issued with unexpected costs.
- As stated in the agreement, you would not have to pay any fees to your solicitor in the event that the case is unsuccessful.
Please note that if the claim is successful and compensation is awarded, then a small percentage will be retained by your solicitor to cover their fees. The details of this fee will be outlined in your Conditional Fee Agreement—another term for a No Win No Fee agreement.
If you can provide evidence that effectively shows how a data breach has resulted in physiological trauma or financial loss, then you could have grounds to make a claim. Understandably, this could be a daunting experience. After all, nobody expects, nor do they prepare for the aftermath of a data breach. But with the support of a solicitor, they can aid you every step of the way and ensure you receive the compensation and justice you deserve.
When you are ready to speak to one of our advisers, why not use one of these quick and easy methods:
- Telephone: 0800 073 8804
- Enquire online using our online form.
- Click the icon that appears on the right-hand side of the page to use the live chat.
Thank you for taking the time to read our guide discussing Post Office Data breach claims. If you happen to have any queries or concerns, please refer to the previous section and speak to one of our advisers.
Understandably, now you might want to further your understanding or do some more research before contacting our team. We have taken the liberty of providing you with some extra resources for you to browse.
Read our guide to learn more about No Win No Fee agreements.
Take a look at our guide to learn more about work-related illness claims.
If you have suffered from work-related stress, then please read our guide.
Want to learn how to make a Freedom of Information Request? Click the link above.
Learn more about Post-traumatic Stress Disorder.
The NHS outline the best ways to identify anxiety.
Guide by Brennan
Edited by Billing