Windsor And Maidenhead Borough Council Data Breach Claims
We have created this guide to help you understand what you could do in the event of a potential Windsor and Maidenhead Borough Council data breach.
This guide has two key objectives. First, it demonstrates when you might be eligible to make a claim. Second, it will explain how you can get legal assistance to start a claim. In effect, this guide provides a quick primer on what to potentially do if your data privacy has been breached.
When Could You Claim For A Breach Of Information Security At A Council?
You will have at least some unique circumstances surrounding your claim. Although it may resemble other data breach claims, it will be different in some way. Due to this, we cannot guarantee that this guide will answer all of your questions. Therefore, our advisors are available 24/7 to give you free legal advice.
You’ll be under no obligation to proceed with the services of our solicitors. However, our advisors could connect you with our solicitors if you have a strong claim. So why not get in touch on 0800 073 8804? Alternatively, use our live chat.
Select A Section:
- A Guide On Claiming Payouts For Windsor And Maidenhead Borough Council Data Breaches
- 2021 Data Breach Statistics
- What Are Claims For Windsor And Maidenhead Borough Council Data Breaches?
- Steps Local Authorities Should Take To Comply With GDPR
- Personal Data Breach Examples In GDPR
- Data Protection In Social Work, Family And Housing Services
- Who Do I Report Data Breaches To?
- How To Claim For A Breach Of GDPR – Explaining The Process
- Data Breach Lawsuit Damages
- Calculate Damages Payouts For Windsor And Maidenhead Borough Council Data Breaches
- No Win No Fee Agreements And Data Breach Claims
- Where Do I Find A Lawyer For A Data Breach Claim?
- I Need To Talk To A Solicitor
- Examples Of Related Services
- Frequently Asked Questions About Data Protection
A Guide On Claiming Payouts For Windsor And Maidenhead Borough Council Data Breaches
In this guide, we look at council data breaches and what makes a valid claim. We also explain the relevant legislation that applies to council data protection. Furthermore, we discuss the type of data protected.
We look at how your personal data needs to be protected by the council if it collects, stores or processes it. Additionally, we added a number of examples illustrating the possibility of a data breach. Following that, we have given information about what you could do if your personal data is compromised. Briefly, we describe how to report a data breach, as well as how to potentially launch a data breach claim.
We also look at compensation. A compensation table is provided to help you estimate roughly how much you might be entitled to. We’ll cover No Win No Fee agreements as well, and you’ll learn about all the benefits they offer.
You will find some general advice about finding a good solicitor and how to file a claim. Finally, we conclude this guide with some links to relevant resources, as well as a Q&A section.
You should start a council data breach claim within the correct time period. The circumstances of your claim will directly affect the time limit. For the most part, time the limits will be.
- Six years or;
- One year if it involves a public body such as a council
2021 Data Breach Statistics
The Information Commissioner’s Office (ICO) is responsible for enforcing UK data security and privacy regulations. They also have a register of notifiable data breaches made by some organisations.
The ICO released statistics regarding data security incident trends for the first quarter of 2021-22. The graph below uses these statistics to illustrate common causes of non-cyber security data incidents in central government.
Was It A Windsor And Maidenhead Borough Council Data Breach?
The local authority may become liable for a data breach claim if they fail to follow data security and privacy laws and if this failure puts your personal data at risk. In other words, if you can show financial loss and/or mental harm and liability, you could be eligible to file a compensation claim.
What Are Claims For Windsor And Maidenhead Borough Council Data Breaches?
Not every council data breach will be caused by the council’s positive wrongful conduct. However, if it was and your personal data was compromised, you could claim if you suffered financial loss or psychological harm as a result.
Luckily, we can assist you in this regard. We can provide you with advice about how to start a valid claim.
A data breach is a breach of security that leads to the accidental or unlawful loss, destruction, disclosure, access or alteration of personal information.
Laws That Might Apply
The General Data Protection Regulation (GDPR) was adopted in the European Union (EU). It was enacted into UK law through the Data Protection Act 2018. This Act was altered and sits alongside the UK GDPR. Any council’s data protection policies should show adherence to these laws.
Data That Is Protected
data protection legislation in the UK does not apply to all data. It only applies to personal data. There are two clear distinctions:
- Data that could be used to identify you is considered personal data. This may include your name, address, telephone number, email address, and passport information, for example.
- Special category data is a type of personal data. It is data about: your racial or ethnic origin; your political opinions; your religious or philosophical beliefs; trade union membership; your genetic data; your biometric data (where used for the purpose of identification); data about your health; data about your sex life; and data about your sexual orientation.
Steps Local Authorities Should Take To Comply With GDPR
All applicable data protection laws should be followed by your local authority when it collects, holds or processes personal data. By doing this, the local authority is ensuring that the likelihood of a data breach occurring is reduced.
Despite being a public body, the council is not exempt from the UK GDPR. Following the core principles of the UK GDPR is a requirement for the authority. The seven competencies are:
- Keeping your personal data for a limited period of time.
- Keeping your personal data secure.
- Following the law, acting fairly, and being transparent.
- Ensuring you’re made aware of how your personal data will be used.
- Assuming responsibility for how personal data is stored and processed.
- Making sure all data about you is up to date and accurate.
- Keeping information about you to a minimum.
Why not reach out if you have any questions? Our advisors are available 24/7 and give free legal advice.
Personal Data Breach Examples In GDPR
There are many ways that a potential Windsor and Maidenhead Borough Council data breach could arise.
Data breaches can be accidental or deliberate. They can also be non-cyber related or cyber-related. Here are a few examples:
- There has been a verbal sharing of personal information by a council employee with a person who doesn’t have a lawful reason to hear it.
- During a cybercrime, a technical breach exposes your personal information to theft.
- Social services use personal information in a way that you did not consent to and there isn’t another lawful reason for them to use it.
- A physical record of your personal information is not securely discarded and someone (who doesn’t have a lawful reason to) accesses it.
As you can see, there was a risk to personal data in these examples.
Data Protection In Social Work, Family And Housing Services
When you pay your rent as a council tenant, more information about you is generally collected. Although the council may have an excellent data protection policy, errors or deliberate actions can result in a data breach. Among the potential hazards are:
- Losing or stealing a physical document containing personal information, such as a rent statement, can allow unauthorised persons access to your data.
- A landlord receiving information from the council, but is sent a document containing personal information about you that is not fully redacted.
- Leaving a document containing personal information on display on a council employee’s computer screen, such as a scan of a tenancy agreement. People who don’t have a lawful basis to access it could do so.
- Not securely disposing of a USB stick or hard drive and the digital personal data on it is not deleted so it could be accessed by people who don’t have a lawful reason to.
We can see from the examples above how each of them could result in a data breach in one way or another. If the council can be held accountable in such instances, and you suffer mentally or financially, a claim against them may be possible. For more information, contact a claims advisor.
Who Do I Report Data Breaches To?
A process could be followed by you if you believe there has been a potential council data breach. Making a claim does not require you to follow the reporting and complaint procedures outlined here. There is no effect on your right to attempt a claim if you do not take these actions. But, taking these steps may benefit you and your potential claim.
The first place you could turn is to the council’s data protection officers or relevant party. If there has been a breach of your personal data privacy, they should be able to tell you about it. Additionally, they can provide you with information about how your data was affected by the breach.
A second option is to inform the Information Commissioner’s Office (ICO) about the potential data breach. However, you should only do this if you don’t receive a satisfactory response from the council, if you suspect the ICO is unaware of the notifiable data breach or if you have other data protection concerns.
It’s important to keep in mind that the ICO generally will not act on a complaint if the last response from the organisation or authority concerned occurred more than three months ago.
Another important note is that the ICO can’t give you compensation. You would need to resolve the matter with the council or make a data breach claim to access this.
How To Claim For A Breach Of GDPR: Explaining The Process
Even if you did not take the steps described in the previous section, you could attempt to make a data breach compensation claim.
Nevertheless, it could be helpful to:
- Collect evidence that your personal data was involved in the data breach. (For example, this could include a letter or email from the council making you aware of this.)
- Collect evidence of your financial loss or psychological suffering.
- Seek legal advice.
It’s not necessary to use the services of a solicitor to claim, but it could be beneficial. That’s because they could correctly value your claim and generally help you with the data breach claims process. You would receive assistance preparing any required evidence, as well as someone to negotiate with the other side on your behalf.
We can assist you with a data breach claim by connecting you with our solicitors. Our team of advisors can give you more information about how this simple claim process works. Just give them a call to get started.
Data Breach Lawsuit Damages
If you are impacted by a council data breach, you may be entitled to compensation for up to two overall reasons.
In the first instance, you may be compensated for trauma, stress, or any other psychological harm caused by the data breach. This is known as non-material damages.
Secondly, you may be compensated for any financial losses resulting from the data breach. This is known as material damages.
Vidal-Hall and others v Google Inc  was heard in the Court of Appeal. Despite no financial loss resulting from the data breach for the claimant, the claim was successful. The Court held that, in short, even if you don’t lose any money owing to the data breach, you could still claim for psychological distress caused by it. Before this case, that wasn’t possible.
Because of a data breach, you may suffer financial loss. For example, cybercriminals may steal your credit card information, allowing them to make purchases online. By bringing a claim, you can try to recover this type of damage if you haven’t been able to do so through the bank.
Calculate Damages Payouts For Windsor And Maidenhead Borough Council Data Breaches
Compensation for data breach claims depends on the specific circumstances of each case. However, we created the compensation table below using the guidelines developed by the Judicial College.
Legal professionals use these guidelines to calculate the value of injuries. The guidelines contain figures that reflect the amount of compensation you could receive for various injuries at differing severities.
The table shows example compensation ranges that correspond to different mental illness severity levels.
|Level of Severity||Health Problems||Potential Compensation||Relevant Data|
|Moderately severe||Psychiatric Damage||£17,900 - £51,460||There would be symptoms that would have an effect on the claimant's work life, education and everyday activities.|
|Less severe||Psychiatric Damage||Up to £5,500||The claimant would suffer and how much their daily activities and sleep are affected would be taken into account when compensation is calculated.|
|Severe||Psychiatric Damage||£51,460 - £108,620||The claimant would suffer significantly in regards to life, work and education. Their prognosis would be poor.|
|Moderate||Psychiatric Damage||£5,500 - £17,900||The claimant would have similar issues to the above, but the prognosis would be much more optimistic.|
If you can’t see your injuries in the compensation table above, why not use our compensation calculator? Alternatively, for a free estimate from one of our expert advisors, get in touch.
No Win No Fee Agreements And Data Breach Claims
It is well known that a No Win No Fee agreement may be available in situations involving personal injuries. But, what if you discovered you could make such an agreement with a solicitor for a data breach claim?
No Win No Fee ensures that you pay the solicitor their fee only if the claim is successful. What’s more:
- There’d be no upfront solicitor fees.
- There’d be no ongoing solicitor fees.
- You’d pay a success fee in the event of a successful claim, but it is capped by law. The success fee comes out of the compensation only after it comes through.
- The solicitor you hire won’t charge you anything for a lost claim.
Our solicitors offer their services on a No Win No Fee basis. To see if our advisors can connect you with them, get in touch.
Where Do I Find A Lawyer For A Data Breach Claim?
You don’t have to look far if you need a good solicitor to help you with your data breach claim. If you have strong grounds to claim, we could connect you with our solicitors.
Our expert solicitors could help you obtain the maximum amount of compensation for your claim, as well as ensure you have the best chance of a successful outcome.
I Need To Talk To A Solicitor
If you have any questions, you can contact a claims advisor using the information listed below. You will be informed of the best course of action after they have evaluated your case for you.
If you have a solid claim, it would be handled on a No Win No Fee basis, which means you won’t have to pay any solicitor fees upfront. Payment for solicitor fees will be due only if you successfully settled the claim.
Our advisors are here for you whenever you need them. They give free legal advice with no obligation for you to proceed with the services of our solicitors. To get in touch, you can:
- Call us on 0800 073 8804
- Use our webchat for instant answers
- Use our claim online form to request a callback whenever it suits you.
Examples Of Related Services
You might also like to check out these other guides.
- Compensation For A Loss Of Medical Records
- Bank Data Breach Claims
- Council Compensation Claims
- Sickness At Work Data Breach Compensation Claims
- UK GDPR Breach Compensation Claims
- Child Custody Data Breach Claims
- Estate Agent Data Breach Claims
- Civil Nuclear Constabulary Data Breach Claims
You can also find more information through these external links.
Frequently Asked Questions About Data Protection
Below are some simple, short answers to often asked data breach claim questions.
What are the main points of data protection?
Data protection laws aim to ensure that your personal information is secure and not misused.
What does the Data Protection Act cover?
The Data Protection Act 2018 covers the responsibilities of organisations to protect the personal data they collect, hold or process.
What is the purpose of the Data Protection Act?
The Data Protection Act 2018 forms part of the overall body of legislation that ensures data security and privacy in the UK.
Thank you for reading our guide on what you could do after a Windsor and Maidenhead Borough Council data breach.
Written by Wheeler
Edited by Victorine