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Weymouth Town Council Data Breach Claims

This guide shall examine what steps you could take should a Weymouth Town Council data breach take place. If a data breach at Weymouth council occurred would you know the process to take to find out if your data had been exposed? This guide shall also discuss the eligibility criteria for making a data breach claim. It will also explain what damages could be claimed if you have suffered financial loss and mental anguish.

Weymouth Town council data breach claims guide

Weymouth Town council data breach claims guide

You should keep in mind, however, that every claim differs slightly. Compared to others, yours may have similar aspects, but they won’t be completely the same. Therefore we might not be able to answer all of your questions in this guide. It is almost impossible to answer every question. We have a solution for you if you have more questions though. Contact one of our expert advisors by dialling 0800 073 8804. In addition to answering all your questions, they will explain other ways in which we can assist with your claim. Contact us 7 days a week, 24 hours a day. Feel free to reach out whenever is convenient for you.

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A Guide On Dealing With A Weymouth Town Council Data Breach

In our guide below, looking at the procedures that could be followed if a Weymouth Town Council data breach arose we explain how to identify if a data breach has affected your personal information. The purpose of this guide is to explain the changes in legislation that allow data subjects, those who supply personal data more say over how it is to be used and protected.

This guide begins with some important background information on what is an effective data breach policy for town councils. To begin with, we have included a chart illustrating common causes of data security incidents in local government. Secondly, we provide an overview of the reasons for which you might be able to file a claim. The information provided to you will include the types of data that need to be protected. You will also be given an overview of the rules and regulations applicable in the UK.

In the following section of this guide, we explain why the council has to abide by these laws. As evidence for this point, we provide a number of examples that illustrate the problem if compliance is compromised.

The next logical step is to discuss reporting a data breach. In summary, we have provided suggestions for steps you might like to take before filing your claim.

Next, we cover the financial aspect of making a claim. We will look at the possible reasons why damages could be sought. To clarify, we have added an example compensation table. Furthermore, we explain how No Win No Fee agreements work. Using such an agreement you could avoid paying any upfront solicitor fees.

Finally, we offer some advice on how we could help you. A few references are provided, along with answers to questions that may arise when processing your claim.

Deadlines To Start A Claim

It is fundamentally important for you to initiate a claim within the specified deadline. Moreover, the time limit is based on the circumstances surrounding your claim. But generally, the amount of time you have to file a claim for a data breach is as follows.

A claim for data breach compensation can generally be started within six years. However, the time limit for claims against a public body, like a council, would be one year.

Furthermore, these time limits can also be affected by other factors. You would be best served by contacting our claims team to find out what the time limit is. Depending on the specifics of your claim, they can tell you which one applies.

Frequency Of Data Protection Breaches

The graph shows the reasons behind data security incidents in local government organisations. The Information Commissioner’s Office (ICO) provided the data for this graph. As a governing body, it has primary responsibility for the UK’s data privacy and security matters. And this would include the laws that apply to data breaches and cybersecurity incidents. The role of the ICO will be explained in more detail later in this guide. But for now, we will present you with the graph below.

Statistics Graph Data Breach Incidents Local Government

Statistics Graph Data Breach Incidents Local Government

What Could Be A Weymouth Town Council Data Breach?

Certain types of data need to be protected from unauthorised use or access (more on this in the section following). Any organisation that stores and processes your personal data is required to comply with this requirement.

As a result of a data breach, you may be eligible to claim compensation if your data is unlawfully accessed or used. Thus, you may seek damages due to any emotional stress and monetary loss caused by the data breach. However, there is a point to remember. If you are seeking damages, you must prove liability. Essentially, you must prove that the data controller, those who process personal data didn’t take all the necessary steps to ensure that your data was safe. You may not be able to file a claim if you cannot do this. Our claims team can assist you with this if you call them to discuss your case.

Information That Is Protected

It is not necessary to protect all data under the law. Just two types of data are protected. Personally identifiable information and special data are protected. Below, you will find information on what each of these terms means.

  • You can think of personal data as all of the information relating directly to you as an individual. For example, you can include your name, address, date of birth, email, and phone numbers, etc. Furthermore, financial information such as a bank account number or credit card details would be seen as personal data.
  • Data that can be used to find out something about you is called special data. A few examples are your genome data, racial and cultural background, religious beliefs, sexual orientation, trade union membership, etc.

Laws That Will Apply

General Data Protection Regulation (GDPR) is the law related to protection in the EU (European Union). Before Brexit, this was also the case in the UK. However, now equivalents apply in the UK. The Data Protection Act of 2018 (DPA) and the UK GDPR make up the rules and regulations pertaining to data protection.

What Is A Breach Of GDPR?

Generally, all data controllers must comply with all relevant regulations, such as GDPR. These regulations aim to lessen the likelihood of a Weymouth Town Council data breach happening. The council follows guidelines to protect your personal information by adhering to the seven key principles of UK GDPR. In what follows, we outline each of these principles.

  • Data should only be stored if it is necessary.
  • It must ensure the protection of your personal and special data at all times.
  • Limit the storage of data to a minimum amount of time.
  • It is important data controllers collect data in a fair, legal and transparent way.
  • Only use for the purpose intended
  • Maintaining accurate data is essential.
  • Be accountable.

Common Forms Of Data Breach

There is a good deal of personal data your local city council stores and processes about you and your family. This information is protected by compliance with UK GDPR. Following is a list of some situations that could result in a breach of information security.

  • A successful cyberattack can give a cybercriminal access to some of your data when data protection and cybersecurity are lax.
  • The disclosure of your personal data to someone outside of the workplace without authorisation.
  • You or your family’s Social Services records or other details of social care are shared with a third party without a lawful basis.
  • Rent statements or other physical documents are left on a desk where unauthorised individuals can view them.
  • In the information packet sent to a private landlord, not all of the personal information has been anonymised or redacted.
  • Your personal information is sent by an employee to a third party without authorisation.
  • Documents containing your personal information are disposed of incorrectly, without following regulations.

Feel free to contact our team and have them look into your case.

What Information Should A Breach Notification Include?

Are you curious to find out if a Weymouth Town Council data breach has happened? If you believe you have been affected by a data breach, you can try contacting the council. You can call Weymouth Town Council directly and speak to a Data Protection Officer (DPO). However, not every council will have a DPO on duty.  By doing so, you can learn whether a breach has occurred. Moreover, you ought to be able to figure out if your data was affected and to what extent.

If you are the victim of a data breach you could report the breach to the ICO. Data breaches are investigated by the ICO, and punitive action is taken against organisations found to be in violation of the GDPR. It is important to remember that the ICO will not likely investigate complaints if it has been more than three months since your last discussion with the data controller about the breach.

Not all data breach incidents will mean a data subject has the right to file a claim. To have the foundations of a case should a Weymouth Town Council data breach occur the onus would be on you to prove the council failed to protect your personal information. This would have lead to some form of trauma, stress or mental harm, and/or financial loss. A claim would only be possible if liability can be proven. If a council has done all they can to keep your data safe a claim would not be possible.

I Think The Council Breached My Data Privacy, What Should I Do?

It is not a legal requirement to have a data breach solicitor represent your case. That said would you know where to start when filing a data breach claim for compensation. A data breach lawyer would not only have the experience of dealing with past cases but they would have the legal knowledge to ensure the case if filed correctly.

If you have evidence that supports a legitimate claim related to a council data breach, we are able to assist you. Our advisors are available to answer any questions you have and provide a free case assessment. If your case has good merits you can be offered to be connected to a solicitor who will deal with your case on a No Win No Fee basis.

What Types Of Damages Could You Claim?

If your data breach claim is successful you can be awarded two types of damages; compensation for financial losses (material damages), as well as for psychological or mental hardships (non-material damages).

Cybercriminals might exploit your data in the event of a data breach. One example is when a hacker gains access to your credit card details and uses them to make purchases online. Losses of this sort may be recouped.

It may be stressful, traumatic, and potentially mentally harmful to deal with a data breach, especially one that is severe. There was an important case decided by the Court of Appeal in 2015. That case was Vidal-Hall and others v Google Inc. As a consequence of the data breach, the claimants did not suffer any financial losses. The claimants were nevertheless successful in claiming damages for mental hardship. Taking this precedent into consideration, it is possible that you could also claim damages for such hardship.

How Much Could You Get For A Weymouth Town Council Data Breach?

It is not possible for us to calculate the average compensation settlement amount for a data breach. That is because each claim is different from the next. However, we have included a sample compensation table below for your review. In order to create this table, we used guidelines produced by the Judicial College in England. Additionally, our compensation calculator could be of use.

Edit
Level of Harm Health Problem Possible Damages More Data
Moderately severe Psychiatric damage £17,900 – £51,460 Very traumatic events can cause moderately severe psychological harm. The victims’ life is probably going to be significantly affected by the symptoms. Symptoms that persist after recovery may be problematic.
Less severe Psychiatric damage Up to £5,500 The victim will suffer only a minor impact on his or her life. Occasionally, trivial symptoms may persist after recovery, but won’t significantly affect life quality.
Severe Psychiatric damage £51,460 – £108,620 Repeated exposure to extremely traumatic events can result in severe psychological damage. These symptoms will greatly affect the victim’s life. It is possible for some of the major symptoms to persist after recovery, having an adverse impact on a victim’s quality of life.
Moderate Psychiatric damage £5,500 – £17,900 Traumatic can events cause moderate psychological harm. As a result of the symptoms, the victim will suffer a measurable loss of life quality. Post-recovery, the victim may suffer minor symptoms.

No Win No Fee Solicitors For A Weymouth Town Council Data Breach

There is no charge for legal services provided by a solicitor under a No Win No Fee agreement until your case is settled. In this way, you can find a good lawyer to handle your claim for a data breach, without having to pay an upfront fee.

While the claim is in progress, the lawyer won’t expect to be put on a retainer and won’t ask for ongoing fees. Moreover, if the claim does not succeed, the lawyer will not be paid a fee.

Nevertheless, you may expect a modest success fee to be payable if you win the claim. Legal limits apply to the amount of this fee. In addition, the solicitor will be able to collect it from your compensation settlement. You will then be sent any remainder.

Make A Claim With A Data Breach Lawyer

If you believe that you have become the victim of a possible data breach, you could find a claims lawyer who specialises in handling such claims. If you decide that you want the help of a solicitor It is important to seek the assistance of a legal professional who is familiar with the claims process, and who will use this experience to improve the chance you win your claim.

Call our claims team today. If they can see that your case has a good chance of succeeding they can connect you with our data breach solicitor. If they agree to take on your case they will do so under No Win No Fee terms. Having helped claimants obtain compensation for over three decades, our team has the experience required to assist you.

Call Us Now

Thank you for reading ur guide about steps to take should a Weymouth Town Council data breach occur. Have you been through financial hardship or mental stress as a result of the breach? If you would like to speak to an advisor, please feel free to use the contact information below. They will be happy to help you get your claim started as soon as possible.

Telephone: 0800 073 8804

Use our webchat or fill in a contact request.

Useful Pages

You might find these links helpful as they provide additional information.

You may also be interested in reading these other related guides.

Town Council Data Breach FAQs

The following are some simple answers to some questions people often ask about data breach claims.

How long does a council have to report a data breach?

The council has to contact the ICO and report a data breach within 72 hours if it affects freedoms and rights.

Who do I contact about a data breach?

You can contact the council to find out if a breach has occurred. Or the ICO to report a data breach. Lastly, contact us to start a claim.

Can I get compensation for a data breach?

This will depend on the validity of your claim. Contact a claim advisor to get a better answer based on your circumstances.

How do you respond to a data breach?

If a data controller has informed you that your data has been breached you can write to them for a full explanation.

Thank you for reading ur guide about steps to take should a Weymouth Town Council data breach occur.

 

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    Meet The Team

    • 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.