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Warrington Borough Council Data Breach Claims

Welcome to our guide looking at the rights of data subjects’ if a Warrington Borough Council Data Breach occurred that affected their freedoms. This guide has been designed to dissect the criteria for making data breach claims should identifiable information be used unlawfully. We not only examine the eligibility criteria but we also look at potential data breach scenarios.

Warrington Borough Council data breach claims guide

Warrington Borough Council data breach claims guide

However, if we come back to those circumstances of your claim, it is important to be mindful that they will be unique in some way. This means that it’s impossible for us to answer every question you might have in a single guide. Nonetheless, we’re here to help you. Our claims line is available 24 hours a day, 7 days a week. It is available whenever it is convenient for you. If you have any additional questions, one of our expert advisors will be able to assist you. Furthermore, they will be able to tell you how we can help you find a solicitor to help you with your council data breach claim.

Just give us a call and an advisor will walk you through the claims process, and help you to get your claim started as soon as possible.

Telephone: 0800 073 8804

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A Guide To Claims Should A Warrington Borough Council Data Breach Occur

The guide aims to accomplish two main objectives. First, we examine what could be meant by a Warrington Borough Council data breach. Our second objective is to illustrate when a data breach claim could be valid.

This guide begins with a graph that illustrates some of the reasons why local governments experience data security incidents. After this, we will give a general overview of the qualifying factors for bringing data breach claims. Following this, we will introduce the legislation that applies, as well as which types of information are covered.

We will explain how these rules and regulations apply to local authorities. In support of this, we give some examples of what could happen if these laws are not followed.

The next step will be to learn how to contact the council if you believe you have been affected by a data breach. As well as how the ICO may be able to help you if you report a data breach. Also covered in this guide is the process of initiating a claim.

We will then examine the financial impact of making a claim. We will discuss the reasons why damages may be possible. Additionally, you can use the example compensation table to get an idea of how much your claim is worth. The fee structure for No Win No Fee agreements is also explained. We conclude this guide with answers to frequently asked questions.

What are the time limits for claiming?

In the event that a valid claim for a data breach exists, you must initiate the proceedings within the applicable time limit. Time limits will vary depending on the nature of the claim. A data breach claim may generally be started within six years. Nonetheless, claims against public bodies must be started within 1 year.

Give our claims team a call if you’d like to learn more about the claim deadline. You can also ask them whether there are any additional factors that could affect the deadline within which you need to file a claim.

Statistics On What Causes Data Breaches

The Information Commissioner’s Office (ICO) in the UK is responsible for data protection. Further down, we cover the ICO in more detail. In the interim, however, let’s just take a look at some of the data that is provided to the public by the ICO. This graph shows local governments data security incidents through the data collected by the ICO.

Data Security Incidents Local Gov

Data Security Incidents Local Gov

What Could Be Warrington Borough Council Data Breaches?

In the UK, generally, all rules and regulations concerning data privacy and security must be adhered to by your local council. Non-compliance may lead to unauthorised access or processing of your data. Data breach claims are only valid if the data controller, those who process personal data, didn’t take all necessary measures to protect your data. In any case, if you suspect a Warrington Borough Council data breach you could begin to gather appropriate evidence. One piece of evidence is showing how legislation was not adhered to.

The Law: An Introduction

There is a European Union (EU) version of the General Data Protection Regulation (GDPR). The UK has ceased to follow EU law following Brexit. The UK has multiple laws and regulations regarding data security and privacy. This guide, however, primarily focuses on the UK GDPR and the Data Protection Act 2018 (DPA) relevant to the UK.

Information That Is Protected

The UK GDPR does not cover all types of data. It covers only data that has the potential to cause harm if exploited. This includes data that is classified as personal or special. See below for details.

  • Personal data is all the information about you that has a direct connection to you as an individual. Name, phone number, address, and date of birth are examples. Additionally, your financial information, such as your debit/credit card numbers and bank account details.
  • Information that can be used to learn more about you is known as special data. Such data may include your ethnicity, religious belief, and political affiliation. Medical records and genomic information are also considered special data. Further, any other information you can use to gather details about you, such as your trade union memberships could be considered special data.

What Council Data Is Protected By The GDPR?

It is the council’s responsibility to comply with the UK GDPR. The council’s protocols for collecting, storing, and processing data must comply with applicable laws. To prevent a Warrington Borough Council data breach it is vital that the GDPR and DPA are adhered to at all times when processing personal data. According to the UK GDPR, organisations that collect data must follow all seven principles listed below.

  • There should be a limit on the amount of time that your data is stored.
  • Data controllers shouldn’t store any data that isn’t needed to operate (data minimisation).
  • Personal data and special category data have to be protected at all times.
  • Data collection must be legal, fair, and transparent.
  • Your data should be accurate
  • Purpose limited
  • Data controllers must adhere to these principles.

Types Of Local Authority And Borough Council Data Breaches

How could a potential Warrington Borough Council data breach arise? Data breaches can happen for many different reasons. Some can happen through human error or cyber hacking. Data breaches can be accidental or deliberate as well as unlawful. Not all data breaches that occur will mean those who have had their data leaked can make a data breach claim.

A few scenarios are listed below that examine how data leaks occur;

  • Letters can be involved in data breaches. If you receive the wrong letter containing somebody else’s information, for example. It may have been sent to the wrong address.
  • Some of your personal information is included in a hard copy document, and this document is lost in a public place.
  • A USB stick or other old digital storage device is disposed of, before the data is wiped as per regulatory requirements.
  • Your data is sent to the wrong email address meaning the recipient can access your personal information.

A valid data breach claim can have many faces. The key thing to remember is that the onus is on the claimant to prove, using evidence, that the data controller failed to protect the information. Meaning that data breach compensation may be available. However, it is your responsibility to prove liability if you are the victim. Feel free to reach out to us if you need help and information about the data breach claim process.

Social Housing Rental Record Data Protection Breaches

You may have more personal information stored about you if you are a public housing tenant, or a family that regularly deals with Warrington Council Social Services.

In the following example scenarios, the risk of data breaches is highlighted.

  • The disclosure of your rent payment history to an unauthorised party results in a rent statement data breach.
  • An electronic device belonging to an employee of social services is left on a train and is unencrypted.
  • Your personal data is contained in an information pack sent to a private landlord. The failure to redact personal information may be classed as a data breach.
  • Paperwork such as tenancy documents is left on public desks where anyone can gain unlawful access to them. As an alternative, scans of tenancy audit documents are left open on a computer screen so anyone can browse them.

We can assist you in understanding this better if you contact our claims team.

Explaining The ICO Complaints Process

If you suspect a Warrington Borough Council data breach you have the option of contacting the ICO. However, you may want to be sure a breach has definitely taken place before you do this.

You may want to contact a Warrington Borough Council Data Protection Officer (DPO). If there have been data breaches, you may be able to find out. Not every local council will have a DPO available though. Also, if there has been a breach, you can find out whether your data has been affected.

The second option is to contact the ICO. For example, if you didn’t get an answer to your question about your data being breached from a DPO, you could report or complain to the ICO. You must, however, do this as soon as possible. Reports or complaints that are older than three months will generally not be followed up on by the ICO.

Steps To Take When Claiming For Data Privacy Breaches

Having a data breach solicitor help and support your case can bring many advantages. They not only have the knowledge, experience and capabilities but they also have the legal know-how on how to file a data breach claim. If looking to hire a solicitor for a data breach case use one that has had many successful case results in the past.

Alternatively, why not call Legal Expert. It is likely that we can assist you. Simply contact our claims team with the details of your situation. You will be advised of the potential legal options you have based on your circumstances.

Data Protection Breach Damages

Two sources of damages may be available to you in the event you are successful in a claim for a data breach. The first category of damages is for trauma, stress, and psychological injury. If you suffer a significant financial loss following a data breach, the aftermath can be particularly traumatic. Ultimately, this could result in some form of mental harm.

Nevertheless, if you experience mental hardship, you don’t need to have faced monetary loss. Vidal-Hall and others v Google Inc. was heard by the Court of Appeal in 2015. Although the claimants did not suffer a monetary loss, they received damages for stress or mental harm. As a precedent has already been set, you might be able to follow suit.

Another source of damages is monetary loss. This can be broken down into two categories. First, fraudulent use of your data can result in financial loss. Imagine an instance whereby a hacker gains access to your banking data and then uses it to shop online. And then there are any claims-related costs. If you have to pay for the documents to be couriered, or if you have to pay for telephone calls in order to process your claim, for example. It is possible to recover these losses through a successful claim in both cases.

Council Data Breach – Calculating Damages

Since every claim relating to a data breach will be unique, we can’t give you an average compensation figure. If you want a rough idea of how much compensation you might receive, you can use our compensation calculator. The table below can also be used for this purpose. Using the guidelines of the Judicial College, we compiled the table below. It shows possible ranges of compensation for different levels of psychological harm.

Edit
Level of Harm Health Problem Possible Damages More Data
Less severe Psychiatric damage Up to £5,500 It is possible that a stressful or shocking experience can have a psychological impact. A few trivial symptoms may persist after recovery, but they won’t have a significant impact on quality of life.
Severe Psychiatric damage £51,460 – £108,620 Experiencing extremely traumatic events repeatedly can result in severe psychological damage. Victims will suffer from severe mental problems as a result of these events. Major symptoms can persist, adversely affecting a victim’s life.
Moderate Psychiatric damage £5,500 – £17,900 The effects of traumatising events can cause moderate mental harm. The victim’s life quality will be measurably reduced by the symptoms. Some minor symptoms may persist after recovery.
Moderately severe Psychiatric damage £17,900 – £51,460 Traumatic events can harm a person psychologically in a moderately severe way. This will probably have a profound effect on the victim’s life. Prolonged symptoms may cause problems for the victim.

No Win No Fee Data Protection Breach Claims Against Warrington Borough Council

The concept of a No Win No Fee arrangement is probably familiar to you. Personal injury claims can be made in this manner and this is a popular means of getting the legal help needed for such claims. There is also the possibility that a council data breach claim can be handled by a  No Win No Fee lawyer.

There would be no upfront fees. In addition, you don’t pay ongoing fees no matter how long it takes to process your claim. Further, if the lawsuit fails, your lawyer will not demand payment.

However, you may find that a modest success fee is due if the claim is successful. These fees are legally capped, and can be recovered from the compensation payment the lawyer was sent on your behalf. You would then be sent the money that is left over once the fee has been deducted.

Speak To Our Team

Thank you for visiting our page about steps to take should a Warrington Borough Council data breach ever take place.  Our solicitors have over 30 years of experience in helping claimants to get the compensation that they are entitled to.

For information regarding a potential claim against Warrington Borough Council, contact our team right away. One of our experienced advisors will assess your case and provide free advice on your options. In addition, any claim taken on by our solicitors will be pursued under No Win No Fee arrangement. So, you have nothing to lose by contacting us. Just give us a call and an advisor will walk you through the claims process, and help you to get your claim started as soon as possible.

Telephone: 0800 073 8804

Use our webchat or fill in a contact request.

Tools To Help You Claim

There is a wealth of information on these other websites.

Some other guides on this site could well be worth checking over.

FAQs On Data Protection

Here are some straightforward answers to common data breach claim questions. If you still have questions unanswered when you have finished reading this guide, you can call our team. They are available 24 hours a day to get you the answers that you need.

Do I need to show evidence of the data breach?

You will need to prove that the council did not take all the proper steps to safeguard your data. And that this resulted directly or indirectly in a data breach.

Should I join a group action claim?

This will depend entirely on the circumstances of your claim. You can call and discuss your case with our claims team.

Thank you for visiting our page about steps to take should a Warrington Borough Council data breach ever take place. Call our claims team for free legal advice.

Guide By Wheeler

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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