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Stockport Council Data Breach Claims Guide – How Much Compensation Can I Claim?

If a data breach by Stockport Council occurred would you know what to do? In this guide below we are going to look at laws and regulations that protect how our personal information is processed. We will also examine the concept of data breaches and how it could be possible for you to be compensated if your personal data is compromised because of failures on the part of data controllers to protect it.

Stockport Council data breach claims guide

Stockport Council data breach claims guide

The damages you could seek following a data breach will compensate for your financial losses and the mental anguish the incident caused you. The Information Commissioner’s Office (ICO) has the power to issue hefty fines to organisations when they fail to protect data. In fact, the ICO is a non-departmental public body that can enforce the laws pertaining to data protection.

Our guide provides essential advice on your rights, data protection law, and how you could be impacted by a data breach.

If you are ready to make a claim today, please reach out to an adviser on 0800 073 8804. The adviser will go through your case and explain the process of making a data breach claim. To continue reading our guide, please click on the sections that follow.

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Our Guide On Claiming For A Data Breach By Stockport Council

Local councils collect masses of data from everyone who connects with the authority. This includes tenants, householders, and employees. Councils can be seen as data controllers because they process personal information of data subjects. So, a data subject provides personal information to those that require it. As such, data controllers must ensure they have protocols in place to protect all personal information of a data subject. Data controllers must keep personal information secure under the Data Protection Act 2018 (DPA 2018) and the UK General Data Protection Regulation (GDPR).

Data breaches are not only security issues that happen online. They can also happen in physical form. If a council authority does not protect data adequately, the Information Commissioner’s Office could issue a fine for non-compliance.

We have produced this guide to provide information on your rights should a data breach by Stockport Council happen. Equally important we explain the following:

  • A claimant’s right to compensation following a data breach
  • How data protection law must be followed by organisations (data controllers)
  • The role of the Information Commissioner’s Office and when to contact the ICO
  • Whether you can make a claim with a No Win No Fee data breach solicitor
  • The value attributed to data breach claims, and the damages you could seek
  • When you could seek advice from a legal expert

If you still have questions by the time you reach the end of this guide about steps you could take following a data breach by Stockport Council you can reach an adviser on the number at the top of the page. Alternatively, you can choose to fill out the online claims form and an adviser will get back to you.

How Many Cyber Attacks Happened In 2021?

The Government have produced information detailing their findings from Cyber Security Breaches Survey 2021. Contained within these documents are details pertaining to data breaches concerning businesses and charities. According to the survey, a quarter of charities included in the survey and just under 40% of businesses during the past 12 months report having cyber security breaches or attacks of the same kind. As a result one in 5 of both charities and businesses who suffered a breach lost money, assets and data.

To find out if you have a valid data breach claim, please call an adviser on the number at the top of the page.

What Could Be A Data Breach By Stockport Council?

When you connect to a local council, the authority may collect some of your personal information. A data breach is seen as a security issue that puts data subjects personal information at risk. This can happen in a number of ways. Personal information is breached when unlawfully or accidentally it is lost, altered, destroyed, disclosed or accessed without authorisation. You can use Subject Access Request (SAR) to find out what personal information a data controller has stored on you.

What could be considered a potential data breach;

  • Employees sharing personal information with unauthorised third party
  • Personal information is leaked intentionally or accidentally
  • Failure to get consent to share data and there is no other lawful basis
  • Cyber-attacks
  • A failure to lock away physical files
  • Social Services shares information with people they should not
  • The wrong people are sent emails containing sensitive data

Should a data breach by Stockport Council occur you could contact our claims team on the number above.

Does The GDPR Protect Data Held By Local Councils?

The newest data protection laws are the most stringent to date. Individuals (data subjects) now have more control over how their information is used. Moreover, organisations (data controllers/processors) are limited in how they use an individual’s data. A local council is a ‘data controller’ and therefore, must follow data protection law.

The General Data Protection Regulation (GDPR) was enacted into UK law through the Data Protection Act 2018. Since leaving the EU the UK has updated their take on the GDPR. There are 7 key principles that all data controllers must follow.

Moreover, the legislation covers data that:

  • Indirectly identifies a data subject
  • Directly identifies a data subject

The sort of data that clearly identifies a person includes:

  • The name of a data subject
  • An individual’s location/address
  • A person’s contact details
  • Online username

The kind of data that does not clearly identify a data subject could include:

  • Their IP address, and
  • Cookie identifiers

Greater protection is given to data deemed sensitive. If you have any questions concerning data breaches by a local authority call our team of advisors today and receive free legal advice.

How Data Leaks And Protection Breaches Could Happen

A data leak could happen for a few reasons. The leak could be accidental, intentional, or criminal. However, other causes could include:

  • Cyber-security vulnerabilities
  • Security protocols are inadequate
  • Personal data is not redacted in a group email.

A member of the Legal Expert team can review whether you have good cause to seek data breach compensation. Just call the number at the top of the page or fill out the online form today.

Data Leaks Of Rent Statements

A council is obliged to keep tenancy data that is personal information they hold secure. If a data controller fails to protect personal data, it could be in breach of the law. The personal data relating to tenancies that a council holds include:

  • Name, address and date of birth
  • National insurance number
  • Copies of passports and other identification documents.

Breaches of data privacy laws could occur if the following takes place;

  • Data is used without a subject’s permission and there is no other lawful reason.
  • The data is not kept secure
  • Personal information is collected/processed unlawfully
  • Information (data) is accidentally or intentionally leaked
  • Council employees fail to redact data in information packs that are sent to landowners

If you think your data was shared without your consent, please speak to an adviser today. We offer a free, initial consultation which allows us to review whether you have good cause to sue for compensation.

Notifying The ICO Of A Data Leak

In order to make a data breach claim, you do not have to contact the ICO first. However, their findings after an investigation could go a long way to support your case if they find that the organisation you hold responsible for breaching your data failed to keep it secure.

Below are the steps you could take following a data breach;

  • Get in touch with the local authority and make a complaint to the right council department
  • If you do not get a satisfactory reply from the council, you should take the matter further
  • Contact the Information Commissioner’s Office to voice your concerns which you must do within 3 months of the last ‘meaningful contact’ you had with the council
  • Get in touch with a specialist data breach lawyer to seek legal advice.

How Does The Claims Process Work?

A data breach can leave you vulnerable, unable to sleep and feeling anxious. You may be unsure about what steps to take following a data breach. Below we have listed some steps you could take;

  • File an official complaint with the data controller. Make sure you send your complaint to the right council department to avoid any delays
  • The council department should get back to you without delay. However, if you do not get a reply from the council, you can take the matter further
  • Get in touch with the Information Commissioner’s Office (ICO) which you can do online. You must voice your concerns, within 3 months of the last meaningful response from the data controller.
  • Seek legal advice and have your case reviewed to see if you have a valid data breach claim.

If a data breach by Stockport Council occurs our advisors can offer you free legal advice. We offer a no-obligation, initial consultation which is free of charge. Furthermore, an adviser can connect you to a specialist solicitor if you have a valid case. Any claim taken on will be done so under No Win No Fee terms.

What Can You Be Compensated For?

You can claim non-material damages for mental anguish, and material damages for financial losses. Data protection law allows you to seek compensation in certain circumstances if a data controller fails to protect your data.

Material damages compensate your monetary losses. They are based on ‘actual losses’ which means you must provide proof. The evidence could be:

  • Credit card statements
  • Bank statements
  • Other relevant documentation that proves your monetary losses

Non-material damages compensate you for the mental anguish you suffered. To clarify, you could seek compensation if you suffered:

A medical report or medical evidence may be needed to support your claim for non-material damages. The report will be used to value the compensation payout you receive and can be provided by an independent specialist.

How To Value A Claim For A Data Breach By Stockport Council

The level of compensation you receive would depend on:

  • How the data breach affected you and to what extent?
  • Was your privacy violated?
  • Did you incur financial losses?
  • Were you the victim of fraud or identity theft?

Data protection law allows you to claim material damages to reimburse monetary losses, and non-material damages for the mental anguish a breach caused you. A successful claim following a data breach could result in an award consisting of a combination of non-material and material damages.

You are allowed to claim non-material damages even when you don’t incur financial loss thanks to rulings made in a case involving Vidal Hall V Google Inc 2015. A claimant can seek non-material damages for mental anguish even when they do not incur a financial loss in a data breach. Also, the amount awarded for mental anguish could be in line with personal injury law.

We have included this table to provide you with a general idea of the amounts awarded in non-material damages specific to mental harm. The table does not include material damages to which you could be entitled to. The figures in the table are taken from guidelines by the Judicial College that are used when valuing personal injury claims.

Psychological harm caused by data breachSeverity and notesPotential compensation payout
Symptoms of Post-traumatic stress disorderSevere symptoms of PTSD are sustained which impacts their ability to work and lead a normal life£56,180 to £94,470
Psychiatric harm/mental distressSevere psychological harm is sustained by a claimant. The amount awarded takes into account whether the claimant can work, how their lives are impacted, and how their relationships may have suffered£51,460 to £108,620
Psychiatric harm/mental distressModerately severe symptoms are evident but the prognosis is more positive than above£17,900 to £51,460
Symptoms of Post-traumatic stress disorderModerately severe symptoms are suffered by a claimant but less than above£21,730 to £56,180
Psychiatric harm/mental distressModerate mental distress is sustained by a claimant but the prognosis is good. £5,500 to £17,900
Symptoms of Post-traumatic stress disorderModerate symptoms of Post-traumatic stress disorder are experienced by the claimant but they are expected to recover over time.£7,680 to £21,730
Psychiatric harm/mental distressLess severe symptoms and the claimant is expected to make a full recovery.£1,440 to £5,500
Symptoms of Post-traumatic stress disorderLess severe symptoms are experienced by a claimant and they are expected to make a full recovery within 2 years.£3,710 to £7,680

Could You Make A Data Breach Claim Against Stockport Council On A No Win No Fee Basis?

An experienced adviser will provide free advice as to whether you have grounds to seek compensation after a data breach. Where we find you have good reason to make a claim, we can have one of our specialist solicitors represent your case. Cases taken on by our solicitors are pursued under No Win No Fee terms. This takes all the pressure of finding the money to pay upfront for legal representation.

There are many advantages to signing a No Win No Fee agreement with one of our solicitors. This includes:

  • You don’t pay upfront for the legal representation
  • The success fee is due when you receive compensation
  • If your claim fails, you won’t pay the success fee

The No Win No Fee solicitor can start work on your claim as soon as they receive the signed agreement. The solicitor will arrange for a local, independent specialist to examine you if necessary. If the case is awarded compensation, then the solicitor will take a percentage to cover their fees.

Please get in touch today to find out if you can make a No Win No Fee claim with the help of a Legal Expert.

How An Expert Could Help You With Your Claim

The cost of legal representation may put you off making a claim. Finding a solicitor who specialises in data breach claims can also seem challenging. The good news is that today, you don’t have to contact a local firm when you need expert advice from a solicitor. You can speak to a solicitor over the phone, via Skype, or in a video conference. In short, you won’t have to attend any face-to-face meetings if you do not want to.

This is where Legal Expert can help you. An experienced adviser can review your claim free of charge. Following this, we will have a solicitor who offers a No Win No Fee service take on your claim. Once you sign and return the agreement (Conditional Fee Agreement), the solicitor can start work on your claim.

You won’t pay upfront for a solicitor’s services. The solicitor will handle every aspect of your claim.

To speak to an adviser on how Legal Expert can help please get in touch today.

Get In Touch

We provide a free, initial, no-obligation consultation which allows us to thoroughly review your case. You can reach an adviser to discuss what you can do if a data breach by Stockport Council was to occur by:

Other Claims Against Councils

Islington Council ICO fine:

ICO fine to Islington Council

Kensington and Chelsea data breach fine:

ICO fines Kensington and Chelsea

Gloucester City Council data breach fine:

The ICO fines Gloucester City Council

Guide to data breach compensation:

The Legal Expert guide to data breach compensation

How to Make a No Win No Fee Claim:

The No Win No Fee claims process

How to claim for stress:

Our guide to claiming compensation for stress

FAQs

How is sensitive data defined?

Sensitive data is a protected characteristic.

How is personal data defined?

Personal data is information that directly or indirectly identifies a living/natural person (data subject).

What does the Data Protection Act allow?

Data protection laws control how data controllers must be lawfully, fairly, and transparent.

Thank you for reading our guide about steps you could take should a data breach by Stockport Council occur.

Guide By Woods

Edited By Melissa.

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