School Data Breach Compensation Claims

By Danielle Jordan. Last Updated 1st September 2023. Welcome to our guide to school data breach claims with recent school data breach examples. Schools and educational institutions handle a large amount of personal data. Some of this data may relate to staff and some to students, past and present. Some of this information is sensitive, especially when it relates to medical information, for example.

School data breach claims guide

No matter how sensitive the personal data a school collects, stores and processes, it must abide by data protection law. Unfortunately, however, things can go wrong, and if you or your child has fallen victim to a school data breach, you could be eligible to claim compensation. We have created this guide to help you understand when you may be able to make a data breach compensation claim against a school, and how the process works.

This guide also offers insight into how a data breach lawyer from Legal Expert could help you. If you have any questions about a personal data breach claim, or you’re ready to get started and would like a lawyer to help you, please call our team on 0800 073 8804. You can also contact us online using our contact form or our 24/7 live chat service. We will be happy to help you and to advise you on how to claim. We could even check your eligibility to claim, free of charge.

Select A Section

1. Examples Of Data Breaches In Schools
2. Data Protection And UK GDPR Requirements For Schools
3. What Happens If A School Breaches UK GDPR?
4. Claims For Data Protection Breaches In Schools
5. Do I Need Evidence To Claim For A Breach Of Data Protection In Schools?
6. Compensation Types For A School Data Breach
7. How Much Could I Claim For A School Data Breach?
8. No Win No Fee Data Breach Solicitors
9. Start Your School Data Breach Claim

Examples Of Data Breaches In Schools

Under the UK General Data Regulation Protection (UK GDPR), you may be eligible for compensation if you have suffered emotional distress or financial harm after a breach of data protection in schools.

You might be unsure about what a valid data breach claim might entail. However, below you will find examples of data breaches in schools to give you an idea:

• A school could send a letter containing your child’s personal data to the wrong postal address, despite having your correct address on file.
• A teacher might breach your child’s personal data if they fail to safely store your child’s educational records, meaning an unauthorised person can access the information.
• A school may fail to update their computer systems and without having adequate security measures implemented, the systems could be susceptible to attacks from cybercriminals. Subsequently, your child’s personal data could be breached.

Don’t worry if you can’t relate to the UK GDPR breach examples featured above. If a school has caused a data breach in which your personal data was compromised, and you experienced a psychological injury or financial loss, you could make a data breach claim. Get in touch for more information.

What Is A Data Breach?

The ICO defines a data breach as a security incident that affects the availability, integrity or confidentiality of personal data. It could involve data being subject to:

• Unauthorised/ unlawful access or destruction
• Loss of personal data or loss of availability of data
• The disclosure, transmission or alteration of personal data without permission
• Data theft

Data Protection And UK GDPR Requirements For Schools

Schools have legal responsibilities to protect personal information under UK GDPR and the Data Protection Act 2018. The UK Government has put together a toolkit for schools to use when putting in place policies and procedures to ensure UK GDPR compliance.

It involves raising awareness of data protection among all members of staff and ensuring those that process personal data are educated on how to do so in accordance with UK GDPR. It also offers guidance for school leaders and those involved with data management in creating a secure data security system that reduces the risk of human error and other incidents leading to data breaches.

What Are The Principles Of UK GDPR?

The principles of UK GDPR that schools must abide by include:

• Accountability
• Accuracy
• Data minimisation
• Integrity and confidentiality (security)
• Lawfulness, fairness and transparency
• Purpose limitation
• Storage limitation

These principles should be at the forefront of any organisation that processes personal data. A failure to adhere to these 7 principles of UK GDPR, leading to a breach of personal data, could result in a school facing fines.

Not only this, but it could lead to victims of data breaches claiming compensation for identity theft, financial loss, privacy violation, reputational damage and psychological harm.

What Happens If A School Breaches UK GDPR?

A school should have robust procedures to act when data breaches occur. Under UK GDPR, any breach of personal data that affects the freedoms and rights of individuals should be reported to the Information Commissioner’s Office (ICO). This means that any breach that could risk harm to an individual in any of the following ways should be reported:

• Discrimination, including harassment
• Identity theft or fraud
• Financial loss
• Reputational damage
• Loss of confidentiality of personal data under protection by professional secrecy
• They must also ensure that they report any data breaches where sensitive personal information is compromised.

Schools must also inform individuals whose data has been breached about the incident.

Claims For Data Protection Breaches In Schools

If there is a school data breach in which personal data about children is leaked or stolen at a school and you or your children are affected by this, you may have questions about making a claim. If there is evidence that the affected school failed to take reasonable action to prevent a data breach incident from occurring, then it may be possible to start a claim against the school.

It is your choice whether you hire a data breach lawyer to support your potential claim. We would recommend hiring the services of a solicitor who has previously handled data breach claims, since they can make use of their experience and expertise to guide you through the important steps of making a claim.

How Long Do I Have To Claim For A School Data Breach?

When claiming due to a breach of data protection in schools, the time limit can differ depending on the status of the school in general.

Typically, you have 6 years to claim if you are claiming against a public body. However, if you are claiming against a private body then the time limit is just 1 year.

It is important to know the status of your school when making a claim against them, as this could affect your time limit. There are other factors that could affect the time you have to claim as well. If you’d like to find out whether you are still within your time limit, get in touch with our advisors today.

Do I Need Evidence To Claim For A Breach Of Data Protection In Schools?

When making any compensation claim, having evidence is vital for proving not only liability but the harm suffered either by you or your child. Evidence that could be useful in a data breach claim includes: 

• Confirmation of the breach from the ICO. As stated above, the ICO must be informed of reportable breaches. The organisation has 72 hours from awareness of the breach of personal data to alert the ICO. 
• The letter of notification. An organisation must inform you if your personal data has been breached without undue delay if the breach presents a risk to your rights and freedoms. They could do this by letter or by email.
• A copy of your credit report or bank statements if you are claiming for material damage. 
• Your medical records could help prove any psychological harm you or your child suffered as a result of the breach. 

Get in touch with an advisor from our team to discuss data protection in schools and what evidence you could submit if your or your child’s personal data has been breached. 

Compensation Types For A School Data Breach

When awarding compensation for a school data breach, courts and lawyers would look at how the breach has affected the claimant. According to UK GDPR, those who suffer financial or non-financial damage could claim compensation. But what does this mean?

Material Damages

These could include financial losses and costs caused by the breach. You would usually evidence these via documentation such as bank statements, credit card bills and the like.

Non-Material Damages

You could also claim non-material damages if you’ve suffered harm in a way that is not financial. Non-material damages could be payable if you’ve experienced psychological harm because of a school data breach.

The reason this could be possible is that a legal precedent was set in Vidal-Hall and others v Google Inc [2015]  where the Court of Appeal discussed compensation for psychiatric injury caused by breaches of data. He said such awards should be considered, and the value of such claims should be determined with reference to personal injury law.

Therefore, you could consider claiming for post-traumatic stress disorder, anxiety and stress if you’ve suffered in these ways due to a breach of your data.

How Much Could I Claim For A School Data Breach?

Now that we’ve discussed some examples of personal data breaches in a school, you might be interested to know what compensation you could be awarded in a successful claim. As we mentioned in the previous section, you may claim for material and non-material damages. This section looks at possible examples of data breach claim payouts for psychological injuries, or non-material damage.

Following Gutali & Others Vs. MGN Ltd (2015), a judge ruled that psychiatric harm could be valued in line with compensation amounts featured in the Judicial College Guidelines (JCG). This document is used by legal professionals to help value compensation payouts.

Using figures from the JCG, we have taken psychological injuries relating to a breach of data protection in schools, such as post-traumatic stress disorder (PTSD), and featured them in the table below. Please note the figures should only be used as guidelines.

Get in touch at any time to discuss your claim. Our expert data breach solicitors can give you a more accurate estimate of the compensation you may be awarded. Furthermore, they’ll take into account any material damages as well as non-material damages, so that the figure they estimate will closely match the settlement you could receive.

No Win No Fee Data Breach Solicitors

You may be concerned about the financial risks associated with using data breach solicitors. However, hiring No Win No Fee data breach solicitors, could potentially benefit you.

Under this type of arrangement, you only pay a success fee if they help you win your claim. The success fee you do pay is legally limited as outlined in the Conditional Fee Agreements Order 2013. If you don’t receive compensation, you won’t pay their fees.

Get in touch if you would like to work with our No Win No Fee solicitors. Our advisors are available 24/7 and can check your eligibility free of charge.

Start Your School Data Breach Claim

Whether you’d like us to offer you a free eligibility check on your case, or you’re ready to talk to a data breach solicitor about your claim, we could help. Our expert advisors can answer your questions and check your eligibility to claim. We could then provide you with a No Win No Fee data breach lawyer who could help you fight for the maximum payout for your claim. To get in touch about a school data breach, all you need to do is:

• Call 0800 073 8804
• Use Live Chat Messenger
• E-mail info@legalexpert.co.uk
• Complete our contact form

We hope these examples of data breaches in schools have been helpful, but if you have any more questions, get in touch with our team.