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Rushmoor Borough Council Data Breach Claims

The General Data Protection Regulation (GDPR) came into effect in 2018, it is an EU directive that changed how organisations, including local councils, use our personal data. British law adopted these regulations through the Data Protection Act of 2018. However, the UK has now left the EU and we look to the UK-GDPR and the altered Data Protection Act 2018. This guide wants to illustrate how if a Rushmoor Borough Council data breach arose what this would mean for those who have provided data to this local authority. We look at when you may be eligible to get compensation.

Rushmoor Borough Council data breach claims guide

Rushmoor Borough Council data breach claims guide

As a result of UK GDPR, you are more in control of how an organisation uses your personal information. Since the implementation of the newer data protection laws, organisations must now adopt security protocols and systems to ensure your data is secure. And to ensure that organisations only use the data lawfully.

Our guide aims to demonstrate the kind of mistakes that could lead to a breach. You will learn why you could be eligible for data breach compensation and how much you might receive. 

Our advisers can help you with a local authority data breach claim. In addition, you’ll receive free guidance on how to proceed with your claim. If your claim is valid, a solicitor could represent you on a No Win No Fee basis.

Why not call Legal Expert on 0800 073 8804 to find out more about data beach claims? Should a Rushmoor Borough Council data breach occur we could help answer any questions you may have.

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A Guide On Who Could Claim For A Rushmoor Borough Council Data Breach

Our interactions with businesses and organisations have changed since the introduction of the UK GDPR. Today an organisation (data controller) must put in place policies and systems that will protect your personal data.

The GDPR and Data Protection Act 2018 mean that generally, data controllers should have a lawful basis to collect and process your personal data, You providing consent is just one of these bases. There are 5 other lawful bases that could be used.

The purpose of this guide is to explain how a council data breach could happen, how a breach could harm you, and when you may be eligible for compensation.

If you are going to make a claim against a local council, you must do so within 1 year of the breach. However, because time limits differ depending on who is liable, you should seek legal advice as soon as you can.

Our guide explains the role of the Information Commissioner’s Office (ICO), and when they could issue heavy fines to non-compliant organisations.

Reach out to one of our specialist advisers to find out if you have a valid council data breach claim. Or read on to find out the process to take if a Rushmoor Borough Council data breach occurred that caused your data to be exposed.

Statistics – 2021 Cyber Security Breaches

Statistics covering data breaches have been published by the Information Commissioner’s Office (ICO). This refers to the financial Q1 2021-22. A total of 2,552 data security issues were reported including both non-cyber security incidents and cyber security issues.

Sectors that were impacted:

  • 322 breaches in Childcare and Education
  • 607 breaches in the healthcare sector
  • 115 breaches in property and land services
  • 240 breaches in manufacturing and retail

Non-cyber security incidents:

  • Personal data altered
  • Data sent to the wrong people
  • Omitting to redact data
  • Lost or stolen devices with personal data on them
  • Lost or stolen physical files
  • Personal information accessed without permission

The cyber-security breaches include:

  • Denial-of-Service (DoS) attack
  • Malware
  • Phishing
  • Ransomware

The graph below provides more information relating to data breach statistics for businesses.

Rushmoor Borough Council data breach

What Could A Rushmoor Borough Council Data Breach Be?

A data breach can occur when a security incident allows personal information to be deliberately, accidentally or unlawfully:

  • Lost
  • Destroyed
  • Altered
  • Disclosed
  • Accessed without permission

Physical documents or digital data can be accessed through the data leak. Leaks can be caused either deliberately or by accident. Data leaks need not necessarily cause harm, but the ICO may still fine data controllers even in the absence of harm.

Human errors are frequently the cause of a breach. If, for example, your personal information is sent in a letter to the wrong address. Or a council employee emails data without checking it is sent to the correct email address.

Deciding if a Rushmoor Borough Council data breach has occurred may not always be an easy task. A member of our team will provide free advice and answer any questions you may have in a no-obligation chat.

How Do Councils Comply With The UK GDPR?

The UK GDPR defines different roles played by organisations related to personal data as one of its key features. Here are a few roles covered by this guide:

  • Data Controller – organisations responsible for gathering personal information. This includes local councils
  • Data Processor – the entity responsible for processing data for a data controller
  • Data Subject – people whose personal information is gathered, processed, and stored

A council has to abide by the seven principles of the UK GDPR. These are:

  • Have a legitimate reason to process data.
  • Collect and process the minimum amount of data needed
  • Ensure data is kept only for as long as necessary
  • Data is kept confidential/secure
  • Lawfully process data and be transparent and fair
  • Data records kept accurate and up to date

If a local authority was to fail to meet its obligations the ICO may investigate this breach. Contact us today for a free evaluation of your potential case. We can connect you to one of our specialist solicitors who will act on your behalf on a No Win No Fee basis if your case is valid.

Types Of Information Lost During A Data Breach

Although computer systems can be hacked, it is much more likely that a human error will cause a breach. That said physical files could be accessed because they are not stored securely too. The sort of breach that could lead to data being accessed includes:

  • Correspondents containing personal data is thrown in the general rubbish
  • Data shared with a third party who is unauthorised
  • Files left open for the public to view
  • Computers such as laptops lost and are unencrypted.
  • Mail containing data sent to the wrong address
  • Council employees access data without the necessary permission

The sort of data that could be leaked may include:

  • Names
  • Addresses
  • Contact details
  • Passport number
  • Driving licence details
  • National insurance details
  • Tenancy documents
  • Financial details

If rights and freedoms are put at risk when a data breach occurs the data controller must let you know. They must also inform the ICO within 72 hours of discovery.

To speak with a professional adviser about your data breach claim, please get in touch with Legal Expert on a no-obligation basis. A member of our team can provide answers to questions you have about a council data breach.

Council And Social Services Data Protection Breach

Councils hold a vast amount of data for tenants and homeowners which must be protected at all times. Data protection laws and regulations do not protect all data. They protect the data that can identify you as listed in the above section.

Among the types of data a council might hold are:

  • Tenancy documents
  • Scans of tenancy audit documents for public housing tenants
  • Passport data
  • Rent statements
  • Passport information

A council is legally required to protect the personal data they hold. Therefore, a council that fails to secure its data could be violating data protection laws.

Those that process and collect personal data maybe in breach of data protection laws if they;

  • Use data without permission
  • Not keep data secure
  • Unlawfully use data
  • Accidentally or intentionally leak data
  • Posting of a letter containing personal information to an incorrect address
  • Failure to redact personal information when sending an information pack to local landowners

Has your personal data been breached? If you would like to discuss how our friendly advisers can assist you in claiming compensation, please contact us.

Who Do You Report A Data Breach To?

The Information Commissioner could investigate data breaches when an organisation reports one. You could also report an organisation to the ICO if you suspect a data breach has leaked your personal information. However, before you do that you could gather evidence by contacting those who you feel were responsible for exposing your data.

Once you have exhausted all channels and you are not satisfied, you can contact the ICO. You can voice your concerns with the regulating body. However, do not wait too long because if you do, the ICO may not investigate your concerns.

You can contact the ICO within three months of your last ‘meaningful’ communication with a council. The ICO enforces data protection law but they do not award compensation to victims. They can, however, issue a heavy fine to those who are liable.

If you want to seek compensation, you must start private proceedings. You should ideally begin proceedings with the assistance of a specialist solicitor.

If you suspect that a Rushmoor Borough Council data breach may have taken place but are not quite sure our advisors would be able to assess the evidence you have. You will receive free legal advice and once your case is assessed, one of our solicitors could offer you No Win No Fee terms for any valid cases.

How To Claim Compensation For GDPR Breach – Explaining The Process

A data breach claim may seem quite daunting and rather complex. However, with the help of a data breach solicitor, the process can seem a lot more straightforward. A specialist data breach solicitor has the legal knowledge to file a successful claim. They can assist you from the word go.

This is where Legal Expert can be of help. If we find you have good cause to seek compensation, one of our expert solicitors will provide a No Win No Fee service to you.

The solicitor will ask you to sign and return a legal contract with them. This is the No Win No Fee agreement (Conditional Fee Agreement – CFA). As soon as the solicitor receives the signed agreement, they can begin work on your case. The solicitor can begin their investigations without asking you to pay anything upfront.

One of our advisers can answer any questions you have about the process of claiming compensation.

Data Protection Breaches Damages

How much compensation you receive depends on a few things. That said, you could claim material damages to compensate for your monetary losses. Furthermore, you can seek non-material damages for the harm you suffered due to the breach.

The amount you receive in material damages will include actual financial losses and future monetary losses. In short, if you were the victim of credit card or bank fraud, your monetary losses could last for years.

An independent specialist can examine you if you want to claim non-material damages. The report the specialist produces will detail the extent of the mental anguish you suffered. The amount of non-material damages you receive will be based on medical evidence.

We can thoroughly review your case in a no-obligation consultation. Where we find you have grounds to sue, one of our No Win No Fee solicitors could represent you.

How Would You Calculate Settlements For A Rushmoor Borough Council Data Breach?

Thanks to a ruling in a recent data breach case, you can now claim non-material damages even when you have not incurred any sort of monetary loss. Compensation awarded in data breach claims should match that of personal injury cases.

You can claim for the following non-material damages following a data breach:

The table below provides you with some idea on the compensation payouts awarded for specific psychological harm. The amounts are taken from the Judicial College guidelines. This is a publication that contains past court settlements for personal injuries.

Edit
Injury/harm Severity Further notes Potential compensation amount
PTSD – post-traumatic stress disorder Severe Claimant suffers very severe symptoms that impact their ability to carry on working and lead a normal life. Relationships are also negatively impacted £56,180 to £94,470
PTSD – post-traumatic stress disorder Moderately Severe Ability to work is affected and getting back to a normal life is negatively impacted too £21,730 to £56,180
PTSD – post-traumatic stress disorder Moderate Claimant suffers moderate symptoms of PTSD but to a lesser extent than above. Claimant should recover fully with the correct therapy and treatment £7,680 to £21,730
PTSD – post-traumatic stress disorder Less Serious The claimant suffers less severe symptoms of Post-traumatic stress disorder PTSD. Full recovery is expected within two years Up to £7,680
Psychological damage/Psychiatric harm Severe Claimant suffers extremely severe psychological harm. The amount of compensation awarded would factor in whether they can work, how their lives are impacted and whether relationships are negatively impacted £51,460 to £108,620
Psychological damage/Psychiatric harm Moderately Severe Claimant suffers moderately severe mental anguish. The prognosis is more positive than above £17,900 to £51,460
Psychological damage/Psychiatric harm Moderate A marked improvement is seen over time with the prognosis being more positive £5,500 to £17,900
Psychological damage/Psychiatric harm Less Serious Claimant suffers milder symptoms associated with mental harm and a full recovery is expected Up to £5,500

No Win No Fee Solicitors For Council Data Breaches

Our team of solicitors provide a No Win No Fee service to claimants with grounds to sue for compensation. Your initial consultation is free of charge. You will not have to pursue your claim if you decide not to.

If you agree to work with one of our solicitors, they will send you a contract called a Conditional Fee Agreement (No Win No Fee agreement) to sign and return. However, the solicitor must satisfy themselves you have good cause to sue first. The agreement sets out the following conditions:

  • You won’t pay upfront for the legal representation
  • There will be no ongoing fees to pay as your case progresses
  • If your case is unsuccessful, you will not pay the No Win No Fee solicitor

Within the No Win No Fee agreement, there is a clause that sets out the capped ‘success fee’ you pay when you win your claim.

For more information on working with one of our No Win No Fee lawyers, please call a member of the Legal Expert team today.

Do I Have To Use A Data Breach Solicitor Near Me?

You may think that finding the right solicitor to represent you will be difficult. You could also think you have to use a firm of solicitors local to you. However, this is not the case. You can communicate with a solicitor in many ways other than in face-to-face meetings. This means you can speak over the phone, via Skype or by other means.

Our team of solicitors provide a No Win No Fee service to claimants who have good cause to sue for data breach compensation. We provide a free assessment of your case. Furthermore, we offer free legal advice to everyone who contacts one of our advisers. To find out more please check out our customer reviews.

Talk To A Solicitor Online For Free

Thank you for reading our guide on the procedures you could take should a Rushmoor Borough Council data breach ever arise, please reach out to a member of our team. You can reach us in several ways which include:

Our claims lines are open 24/7 and an expert adviser can answer all the questions you have about claiming compensation after a data breach.

Services

Links to external websites that provide essential data breach advice

Other Legal Expert guides you can read including some relating to data breach claims:

Data Breach Frequently Asked Questions

What are the 3 types of data breaches?

The three sorts of data breaches are:

  • Human error
  • Cyberattack
  • Social engineering

What are the five most common causes of data breaches?

Five common causes of data breaches are:

  • Physical breaches
  • Phishing attacks
  • Password breaches
  • Keystrokes
  • Ransomware

What should be included in a data breach notification?

A data breach notification should include:

  • Name and contact details of the data protection officer or contact point
  • Description of the potential consequences of the breach
  • Explanation of the measures implemented or proposed implementation and when appropriate an explanation of mitigation measures

How data breaches are found out?

A local council may detect a breach in several ways and when they do, the council must inform anyone whose rights are affected as soon as possible.

Thank you for reading our guide on the procedures should a Rushmoor Borough Council data breach ever arise, please reach out to a member of our team.

Written By Woods

Edited By Melissa.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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