The Arts University Bournemouth Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For The Arts University Bournemouth Data Breach
Whether you are a student, supporter or member of staff of a university, it is possible that at least one department is holding your personal information for one reason or another. While universities have devised secure methods of storing our information if mistakes happen this could cause a data breach to occur. Therefore, we hope this article on data breach claims against the Arts University Bournemouth is useful. We will look at what harm a breach of data privacy law can cause, why you might claim data breach compensation and how much you could receive.
Over recent years, you might have heard of the GDPR or the General Data Protection Regulation, to give it its full name. Or you may be familiar with The Data Protection Act 2018. Both these laws are designed to give you more control over the way in which others use your personal information. If a data breach does occur, the Information Commissioner’s Office (ICO) will often investigate and could issue a tough financial penalty to organisations who’ve breached data protection rules.
Making a Data Breach Claim
If you are considering making a university data breach claim, Legal Expert can help. We start by providing a no-obligation assessment of your case. Then an advisor will offer free claims advice regarding your options which, if the claim is strong enough, could include starting a claim with one of our specialist solicitors. Our solicitors conduct all cases that we take on on a No Win No Fee basis.
To begin a claim today, you can get in touch by calling 0800 073 8804. If you’d like more details on a data breach compensation case before calling, please carry on reading.
Select A Section
- A Guide To Data Breach Claims Against The Arts University Bournemouth
- What Are Data Breach Claims Against Universities?
- Does The GDPR Apply To Higher Education And Universities?
- Which Universities Have Suffered Data Breaches?
- Statistics About Data Breaches Affecting Universities
- Avoiding Data Theft And Cyber Crime
- How Could I Be Compensated If My Privacy Is Affected?
- Calculating University Data Protection Breach Compensation Amounts
- Finding A Lawyer Handling Higher Education Data Breach Claims
- No Win No Fee Data Breach Claims Against The Arts University Bournemouth
- Speaking To A Solicitor Handling Data Breach Cases
- Resources Supporting Claimants
A Guide To Data Breach Claims Against The Arts University Bournemouth
In everyday life, you may give your consent to organisations to use your personal information more often than you think. For instance, if you visit a new website, they’ll ask permission to use information about you for tracking purposes. Another example could be when you visit your GP, and they ask your permission to share your information with other parts of the NHS. These interactions can be via tick boxes on application forms or pop-up boxes on websites. You’ll find very similar checks when you sign up for a university course.
After you’ve told a university of your data sharing preferences, generally they must abide by them. For example, if you give your name, address, telephone number and email address so that they can contact you about your course, it doesn’t automatically follow that you are permitting those details to be used for marketing purposes. (There are instances when parties don’t need your permission to use your data, however.)
In addition to following your preferences, organisations have to try and keep your personal information safe at all times. If they do so, they could avoid a data breach, leading to an ICO fine or a compensation claim.
Data Breach Time Limits
There are strict time limits for making a claim that we should make you aware of. Normally, you have 6 years but, in some cases, the time limit might be reduced to 1 year. This is if it is relating to a breach of your human rights. Our team of solicitors will nearly always advise you to commence any claim as soon as you are able to. Firstly, it will probably make it easier for them to obtain evidence to support the case. And secondly, you are likely to find it a lot easier to recall the impact the data breach has caused you. For more information on starting a claim, please call Legal Expert today.
What Are Data Breach Claims Against Universities?
While we commonly regard data breaches as happening because of cybersecurity issues like malware, spyware or viruses, they can also involve printed documents as well. That means universities that store personally identifiable information in filing cabinets need to keep them secure to comply with the GDPR requirements.
A definition of a personal data breach is where a security problem leads to personal information being accessed, exposed, destroyed, lost or altered in a way that you have not permitted. When a company realises that a breach has occurred, they need to investigate how it happened, when it took place and what data was compromised. Then, if anybody is at risk, they need to let them.
Data breaches could happen following deliberate or illegal acts or a mistake or an accident. Regardless, they could still result in an ICO investigation and fine.
Does The GDPR Apply To Higher Education And Universities?
In short, the answer to this question is yes. The GDPR defines organisations that need to process and store personal information as data controllers. They are responsible for explaining why they require the data and defining the method in which they’ll collect it. The GDPR also defines the data subject as the person whose information the data controller needs.
With the vast GDPR document, there is a list of data principles that controllers need to comply with. They need to ensure:
- Their data processing is legal. Additionally, it has to be obvious and fair.
- The act of processing data needs to be confidential and secure.
- Keep any personally identifiable information up to date.
- Process only a minimal subset of data.
- There is no defined time limit for retaining data, but they should only keep it for as long as is necessary.
When discussing personally identifiable information, the GDPR explains that it is any data that could help identify somebody directly or indirectly. For instance, that might include student ID numbers, dates of birth, names, addresses, email addresses, telephone numbers, or information relating to gender, ethnicity, age or other protected characteristics.
Which Universities Have Suffered Data Breaches?
You may have heard about different data breaches in the news which have impacted universities. One particular case involved a company called Blackbaud who supply database management systems to charities, trusts and universities. Many use the software to manage relationships with alumni and financial supporters.
In 2020, a Blackbaud hack was spotted and the company realised that some of its data had been stolen. Cybercriminals later used it in a ransomware attack. Blackbaud informed the ICO of the data breach and realised that it affected universities in the UK.
Initially, they thought that the hackers had only accessed personal information such as names, telephone numbers, addresses and email addresses. But the company later disclosed that, in some cases, the attackers could also have accessed password and financial information.
Unusually, the company paid a ransom. The hackers later confirmed that they destroyed the data.
Statistics About Data Breaches Affecting Universities
Many people may not realise the scale of data breaches in the UK. We all hope that organisations securely store any information we provide and ensure it’s not accessible to unauthorised individuals. However, a recent study into university data security has provided some surprising figures. Its report revealed that of the 86 universities who responded:
- Over a quarter (27%) had never employed a third-party data security firm to test their network.
- Over half (54%) had been in contact with the ICO in the past 12 months to let them know about a data breach.
- The annual budget for staff awareness training, on average, was just £7,529 per university.
- Only 51% of universities provided proactive data awareness training to their students. (31% said they would provide information when requested though.)
- 46% of staff had not been given any safety awareness training to staff in the past year.
In the section that follows, we will provide some steps universities might take to help reduce any risk of future data breaches.
Avoiding Data Theft And Cyber Crime
Based on industry advice, there are a number of steps universities could take to help prevent them from being the victim of data breaches in the future. They include:
- Encrypting all portable data devices (laptops, memory sticks etc.) so that the information they contain is useless if lost or stolen.
- Keeping hardware, firmware and software up to date.
- Regularly reviewing the university’s data protection policies.
- Hiring security firms to try and spot problems with physical or network security.
- Training staff, students and contractors on their data protection duties regularly.
As well as protecting the personal information relating to students, staff, alumni and supporters, these actions could help keep the sensitive data that is often associated with university research safe as well.
These steps might seem expensive in the short-term, but they have the potential to prevent harm relating to data breaches. They also could stop the ICO from needing to send the university a financial penalty.
How Could I Be Compensated If My Privacy Is Affected?
A breach of data privacy law could result in a claim. If the claim is successful, compensation can come in two forms: material and non-material damages. The first is compensation for any financial costs that the claimant has suffered because of the breach. The second is used to try and compensate you for any psychological harm that has been diagnosed and is a direct result of the data breach.
Due to the nature of these claims, it is not possible to tell you exactly what you could claim or how much compensation you could receive in this guide. Once your claim has been assessed though, you should receive a personalised compensation estimate.
Future Harm and Data Breaches
One thing that data breach solicitors should do when lodging a compensation claim is to look at any future harm that might result as well as damage that’s already happened. For example, if the breach results in cybercrime which affects your credit file, your compensation figure could include damages to cover the increased cost of obtaining mortgages or loans in the future.
Similarly, when claiming for depression, anxiety, stress or other psychiatric damage, your solicitor should refer you to an independent medical specialist. They would ascertain whether the breach caused, or at least worsened, your injuries. Any long-term harm could cause you difficulties with life, work or relationships going forwards.
It is very important to consider every aspect of a claim because you are only allowed to make a single claim. That means you are not able to request extra compensation later for something you forgot to add to your claim initially. One of our solicitors could work with you to assess every aspect of your claim, if they take it on, to try and make sure nothing is left out.
You could discuss any questions raised in this guide to data breach claims against the Arts University Bournemouth with our advisors. Why not get in touch today to see if you are eligible to seek compensation in a university data breach claim?
Calculating University Data Protection Breach Compensation Amounts
After the Court of Appeal ruled on the case of Vidal-Hall and others v Google Inc , the court decided that if compensation is awarded, it should be paid at the same level as in personal injury settlements. Also even if you have not suffered financial harm you could still claim for any psychological suffering.
To highlight how much compensation you could get for certain injuries associated with data breaches, we’ve added the table below. It contains figures from the Judicial College Guidelines. This is the document that insurers, courts and solicitors use to help work out compensation calculations.
|Injury Type||Notes||Settlement Range|
|Severe Post-Traumatic Stress Disorder||Permanent symptoms which stop the victim from functioning (in relationships, work or life in general) at anywhere near pre-trauma levels.||£56,180 to £94,470|
|Moderately Severe Post-Traumatic Stress Disorder||Similar symptoms to above but there will be a better prognosis because professional support should help improve the situation.||£21,730 to £56,180|
|Moderate Post-Traumatic Stress Disorder||Most major symptoms will have been resolved and any that persist won't be massively problematic.||£7,680 to £21,730|
|Severe Psychiatric Injury||Serious problems with coping with life, work and relationships. The prognosis will be very poor in this category.||£51,460 to £108,620|
|Moderately Severe Psychiatric injury||Similar to above but the prognosis will be more optimistic.||£17,900 to £51,460|
If you make a claim, you will need to prove the level of your injuries in an effort to achieve the correct level of compensation. Therefore, during your claim, you will need to attend a local psychological assessment. When you visit the specialist, they will ascertain the impact of your injuries by reviewing any medical records available to them and by asking you questions. They will also establish whether the data breach caused (or at least exacerbated) your mental health condition.
When the meeting has ended, the specialist will list their findings in a report which they forward to your solicitor. If you have any questions about this guide to data breach claims against the Arts University Bournemouth, please call our advisors today.
Finding A Lawyer Handling Higher Education Data Breach Claims
If you think that you would like to start a claim, the first thing you might want to do is look for a solicitor to support you. You might want to:
- Ask a friend for a recommendation.
- Look for a local solicitor.
- Read solicitor reviews online.
But you could make your search easier and quicker: call Legal Expert.
We offer free advice about your case and will assess it for you even if you don’t go on to make a claim. If your grounds for claiming are strong enough, one of our solicitors could take your case on and work with you They would also explain the claims process for you. They will update you regularly and explain any technical jargon. Additionally, they will work as hard as possible to try and achieve the maximum amount of compensation in your case.
No Win No Fee Data Breach Claims Against The Arts University Bournemouth
Something that can put people off making any type of compensation claim is that they are worried about the cost of hiring a data breach solicitor. To remove that worry, we provide a No Win No Fee solution. Because it arguably lowers the financial risk of using a solicitor, you could find the whole process less stressful.
Before agreeing to take the claim on, a solicitor will need to assess it and check that there is a decent chance of success. If the solicitor decides to work on the claim, and when you are happy to continue, you will be given a Conditional Fee Agreement (CFA) to sign. This contract should show that:
- You don’t have to pay solicitor charges upfront.
- You don’t have to pay the solicitor’s fees during the claim.
- If the claim is not successful, your solicitor won’t pass on any of their fees to you.
If you win your claim, your solicitor would retain a small portion of any compensation. They refer to this as a success fee. It is capped legally and used to cover the cost of your solicitor’s work. The CFA will contain the success fee percentage so that you’re aware of how much you could pay before agreeing to start your claim.
Speaking To A Solicitor Handling Data Breach Cases
We’re reaching the conclusion of this guide about data breach claims against the Arts University Bournemouth. We do hope that you have found the information helpful. We also hope it has helped you decide whether you have a valid claim. If you would like to start a claim with Legal Expert, you can:
- Call a specialist data breach advisor on 0800 073 8804.
- Email us a message about what happened and how you have been affected to firstname.lastname@example.org.
- Chat online with a specialist for free initial support.
- Make your claim via this online form and we will call you back.
We will try to make the process of claiming as simple as possible. An advisor will review your case with you to start the ball rolling. If the claim seems strong enough, they could link you to one of our data breach solicitors. If they take the claim on, they will work for you on a No Win No Fee basis.
Resources Supporting Claimants
In the last part of our article on data breach claims against the Arts University Bournemouth, we have added some links to resources that could help during your case. Additionally, there are some links to more of our guides relating to other types of claims we could help you make in the future. If you require any further information, please get in touch and let us know.
Post-Traumatic Stress Disorder – An article explaining the symptoms, treatment and causes of PTSD from the NHS.
GDPR Guide – An ICO document providing advice on how the GDPR applies in the UK.
Data Breach Claims – This more detailed guide looks at what impact a data privacy breach could have and when compensation could be claimed.
Whiplash Injury Claims – Advice on when you might be entitled to claim for whiplash following a traffic accident.
Claiming Against A GP – This guide shows when suffering caused by doctor’s negligence could entitle you to compensation.
Written by Hambridge
Edited by Victorine