Un-Redacted Documents Data Breach – Compensation Claims Guide
Has your personal data been recently compromised due to un-redacted documents in a data breach? Are you wondering how to make a personal data breach claim? In this guide, we will look at circumstances in which personal data should have been redacted but was not.
Additionally, we will discuss when and how personal data should be redacted to protect the data subject. Furthermore, we will explore the specific criteria you must meet to make a claim for data breach compensation.
We understand that you may have specific questions that cannot be answered by this article. If so, you can contact our friendly team of advisors. They can offer you free legal advice and are available to help 24 hours a day, 7 days a week.
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- What Is An Un-Redacted Documents Data Breach?
- How Should Documents Be Redacted?
- Types Of Data Which Could Be Redacted
- Objecting To Your Data Being Shared
- What Could You Claim For An Un-Redacted Documents Data Breach?
- Contact Us If An Un-Redacted Documents Data Breach Impacted You
A personal data breach is a security incident where your personal information is either accidentally or unlawfully lost, accessed, destroyed, disclosed or altered. Personal data is any information that could identify you directly or in combination with other information. This can include your home address, banking details and telephone number.
The UK General Data Protection Regulation (UK GDPR), alongside the Data Protection Act 2018 (DPA), states that any organisation that processes UK residents’ personal data must do so in line with legislation.
This can include redacting documents. Redaction is removing or blocking out any personal information from a document so it can be distributed and used whilst protecting personal information.
If an organisation fails to redact your personal data from a document, and this leads to a personal data breach that results in you experiencing harm, you may be eligible to claim.
Contact our advisors today if you have evidence that your personal information was compromised due to un-redacted documents in a data breach.
Sometimes an organisation may need to share a document containing your personal information, such as within an HR department or to the police. There are various ways in which these organisations could redact your personal data before sharing it with a third party.
When sharing a physical paper copy containing your personal information, they may use a thick black marker pen to redact the information. However, they must ensure that your personal data cannot be read from behind the black mark.
Alternatively, if an organisation shares a digital copy containing your personal data, they could use specific tools and applications to redact the information. Or, they could create a separate document containing only the necessary information they need to share.
Contact our advisors today for more information on how to make an un-redacted documents data breach claim.
Any kind of document that contains your personal data could be redacted should the need arise. Some examples of personal data that could be redacted within a document can include:
- Your personal address
- Your date of birth
- Certain financial information, e.g. your bank data or credit card details
- Health information, such as information in your medical records
In order to make a valid claim, you must be able to prove that the data controller or processor’s failings led to the breach. For example, an employee may have forgotten to redact your personal data. You must also suffer harm as a result of the breach.
If your personal data has been breached due to un-redacted documents in a data breach, you might be able to make a personal data breach claim. Contact our team to find out if you have a valid claim.
If an organisation intends to share your personal data, they may first ask for your consent. This is common when information is being shared for marketing purposes, for example. This gives you the opportunity to object to your personal data being shared.
However, consent is only one of the six lawful bases for data processing. These lawful bases are set out by the UK GDPR. Any organisation that intends to process or share your personal data must first establish a lawful basis. If they cannot do so, they are in breach of data protection law.
If you have suffered harm because your personal data was compromised due to un-redacted documents in a data breach, you may be able to make a claim. Call our advisors for further guidance.
Settlements for personal data breach claims could be divided into material and non-material damage.
Material damage compensates you for the financial losses you have suffered as a direct result of the personal data breach. These losses could include:
- Money spent on your debit/credit card
- Loans taken out in your name (which could also affect your credit rating)
- Money was stolen directly from your bank account
To help support your claim for material damage, you could provide evidence such as credit card and bank statements.
Non-material damage compensates you for the psychological harm you have endured due to the personal data breach. For example, you may suffer depression due to a data breach or anxiety after a breach. Just like with material damage, providing evidence that you have suffered mental harm could help support your claim.
To help you understand how much you could potentially receive in non-material damage, we have provided the following table. We have used the compensation brackets in the most recent edition of the Judicial College Guidelines (JCG), published in April 2022. Many solicitors will use this document to help them when valuing claims.
Please note that this table should only be used as a guide. How much you could receive will depend on your specific claim.
|Non-Material Damage (Injury)||Notes||Amount|
|Mental Harm||(a) Severe - The person’s working and daily life will be negatively affected. They will also experience future vulnerability and a poor prognosis.||£54,830 to £115,730|
|Mental Harm||(b) Moderately Severe - A more hopeful prognosis. However, there will be significant problems with future vulnerability and coping with daily life.||£19,070 to £54,830|
|Mental Harm||(c) Moderate - A good prognosis with significant improvements, with only slight problems coping with daily and working life.||£5,860 to £19,070|
|Mental Harm||(d) Less Severe - How much compensation is awarded will depend on how long the person suffers and how much various daily activities have been impacted.||£1,540 to £5,860|
|Reactive Psychiatric Disorder||(a) Severe - All aspects of personal and working life will have been severely negatively affected. They will be unable to live or work the same as they did before the trauma.||£59,860 to £100,670|
|Reactive Psychiatric Disorder||(b) Moderately Severe - The person will struggle with daily life for the foreseeable future. However, there will have been a better prognosis, and the person could slightly recover with professional medical help.||£23,150 to £59,860|
|Reactive Psychiatric Disorder||(c) Moderate - The person will have had a large recovery. Any persisting symptoms will not be grossly disabling.||£8,180 to £23,150|
|Reactive Psychiatric Disorder||(d) Less Severe - Within one to two years, a virtually full recovery will have been made. Only minor symptoms may persist after this time.||£3,950 to £8,180|
If you have sufficient evidence that your personal data was compromised due to un-redacted documents in a data breach, you may be eligible to make a claim. Contact our advisors today for further information.
If your personal data has been compromised due to un-redacted documents in a personal data breach, you may be interested in pursuing a personal data breach claim. If you decide to do so, one of our experienced solicitors may be able to help you with your claim with a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
There are various benefits to claiming with this type of arrangement. Generally, there is nothing to pay upfront to the solicitor to begin working on your personal data breach claim. If your claim is a success, you will pay them a small percentage of your compensation, called a success fee. But, if your claim fails, then you will not pay this fee.
If you still have any questions regarding personal data breach claims, please contact our advisors. They are available to help you 24 hours a day and can offer you free legal advice concerning your specific claim.
To speak with our friendly team:
Learn More About Redacting Information In Documents
More articles by us about personal data breach claims:
- Making a data breach claim for sending a fax to the wrong person.
- Housing association data breach compensation claims guide.
- Nursery data breach compensation claims guide.
Additional information can be found:
- Information Commissioner’s Office (ICO) – Personal data breaches
- NHS – Post-traumatic stress disorder
- National Cyber Security Centre – Report a scam email
Contact our advisors today if your personal data was compromised due to un-redacted documents in a data breach.
Written by Robinson
Edited By Hampton