Chesterfield Data Breach Solicitors – Expert Claims Support
This guide shows you how data breach solicitors for Chesterfield cases could help you make a data breach claim for compensation. A personal data breach is when a security incident means that your identifiable data is unlawfully, deliberately or accidentally, accessed, disclosed, lost, stolen or destroyed. If any of these happen which mean your data has been exposed you may be looking for the help of data breach lawyers.
A data controller or processor in the UK has a legal responsibility to protect your personal data from being exposed. If wrongdoing on their part exposes your data, it could result in stress, anxiety, identity theft or financial loss. If you could prove this has happened to you, we could help you launch a compensation claim for the damage caused by the personal data breach.
How This Guide Could Help
In this guide, we explain what the Information Commissioner’s Office (ICO) could do if an organisation breaches peoples’ personal data. We offer insight into what data protection legislation is enforceable in the UK, such as the UK General Data Protection Regulation, or UK GDPR. We also answer common questions about claiming data breach compensation, such as:
- What You Could Do If Chesterfield Borough Council or Chesterfield Royal Hospital was to expose your data.
- Could non GDPR compliance lead to data breach compensation?
- Do I need to use data breach solicitors near me to claim?
- What compensation could data breach solicitors in the UK help me claim?
- Could I make a No Win No Fee claim?
If you would like to speak to us about your case to receive specific guidance and support, please do not hesitate to call our team. We could offer you an eligibility check free of charge. If we believe you could have a strong case, our solicitors could agree to work for you under a No Win No Fee Agreement. To reach our team, please call us on 0800 073 8804.
Select a Section
- A Guide On Expert Data Breach Solicitors For The Chesterfield Area
- What Is A Breach In Data Protection?
- What Claims Could Data Breach Solicitors For Chesterfield Handle?
- Key Statistics On Data Breach Incidents
- Why Approach Data Breach Solicitors For Chesterfield?
- What Could My Data Protection Breach Claim Be Worth?
- What Are The Advantages Of No Win No Fee Agreements?
- Speak To An Expert Solicitor
- Our Essential Data Breach Guides
There are lots of organisations in the Chesterfield Area that could process your personal data. These could include public bodies such as Chesterfield Royal Hospital NHS Foundation Trust, Chesterfield General Hospital, Chesterfield Borough Council, or even your child’s school. Not only this, but banks, credit card companies, and even department stores could process your personal data.
All these organisations could be considered to be data controllers. As such, they must abide by data protection law. In the UK, we enshrined into law the application of an EU directive, the General Data Protection Regulation (GDPR). This was enacted into the UK Data Protection Act 2018 (DPA) which was updated post-Brexit and our own version of the GDPR called the UK GDPR was introduced. If an organisation breaches UK GDPR compliance, exposing your data and causing you psychological injury and/or financial loss or expense, you could be eligible for data breach compensation.
However, the key factor here is proving that the data controller or organisation that handled your data is responsible for the personal data breach. If an organisation took every necessary step to protect your identifiable information then a data breach claim is less likely.
Below, we look in detail at what criteria your claim would need to fulfil in order for you to be eligible for compensation. Also below we explain how data breach solicitors for Chesterfield claims could fight for data breach compensation on your behalf.
A breach of data protection is a security incident that could lead to the loss of availability, theft, alteration, disclosure, transmission, deletion or access to personal data in an unlawful, accidental or deliberate way.
It could also include the loss of personal data.
The Information Commissioner’s Office in the UK (ICO) could investigate personal data breaches. It could, if it finds an organisation to have breached GDPR compliance, issue fines to that organisation. This is true whether the organisation that breaches data protection law is a public body, such as Chesterfield Council, or a private business such as a bank.
To make a claim with the assistance of data breach solicitors for Chesterfield compensation claim, you would need evidence that the organisation had acted wrongfully in exposing your personal data. You would also need to evidence the harm you suffered as a result of the breach, be it financial and/or psychological.
Data breach solicitors for Chesterfield area claims don’t have to be based nearby to assist you. You don’t have to search for data breach solicitors near me, as data breach solicitors in any part of the country could handle claims from those based elsewhere in the country. While you might assume that most data breach claims these solicitors could assist with would relate to cyber security issues, many could relate to human error. For example:
- Someone could send your personal data to the wrong e-mail address – This could be due to a typing error or autofill error, for example.
- An organisation could fail to dispose of personal data appropriately
- Someone neglects to redact personal data when they send information to a third party
- An organisation fails to Bcc email recipients, breaching their personal e-mail addresses
A data breach could have severe consequences. If someone gets hold of enough of your personal data, they could steal from you. Or, you might suffer emotional damage due to a breach such as mild Post-traumatic Stress Disorder (PTSD), anxiety or loss of sleep. Data breach solicitors covering Chesterfield claims could help you claim compensation for both material and non-material damages.
According to the ICO’s statistics, between Q1 2019/20 and Q2 2021/22, the number of data security incidents reports had fallen. In Q2 2021/22 there were 2,431 incidents reported. As we mentioned, not all incidents related to cyber security. In fact, one of the most common reasons for a data security incident was data being emailed to an incorrect recipient. The health sector reported the highest frequency of data security incidents. In the second financial quarter Q2 of 2021/22 the health sector reported 435 incidents to the ICO.
As we mentioned, you could contact the Information Commissioner’s Office in regards to a data breach that you have been harmed by. However, the Information Commissioner’s Office advises that you contact the organisation first. In some cases, the organisation may have contacted you to report that there has been a breach.
Generally, if a data breach affects an organisation and a data subject’s rights are affected they must report the breach to the ICO within 72 hours. However, they must tell the data subject without undue delay. Once you have made a complaint to the data controller you feel may be responsible for the personal data breach if you are not happy with their response you can contact the ICO. You must do so within three months of any meaningful correspondence from the data controller.
You don’t have to contact the ICO regarding your data breach, however. Instead, you could engage the services of data protection breach solicitors to help you claim compensation. You would, however, need to prove the breach was the result of an organisation’s wrongdoing. You’d also need to evidence that your data was exposed and you suffered harm.
When it comes to calculating compensation for the harm you suffered due to a data breach, two main areas will play key factors. In some cases, you may be able to recover money that someone steals from you as a result of a breach. This could be considered material damage. So too, could the costs associated with restoring your credit file if it has been damaged by the breach.
However, you could also claim non-material damages. These could be associated with any psychological injury such as PTSD that you suffer due to the exposure of your personal data. You would have to be able to evidence any type of psychological injury you suffered from a breach. However, if you could, you could be eligible for compensation for this.
To give you some idea of how much could be appropriate, we have produced this table, containing Judicial College guidelines payout amounts for different levels of psychological injury.
|Post-traumatic stress disorders||Severe||£56,180 to £94,470|
|Post-traumatic stress disorders||Moderately severe||£21,730 to £56,180|
|Post-traumatic stress disorders||Moderate||£7,680 to £21,730|
|Post-traumatic stress disorders||Less severe||£3,710 to £7,680|
|General psychiatric damages||Severe||£51,460 to £108,620|
|General psychiatric damages||Moderately severe||£17,900 to £51,460|
|General psychiatric damages||Moderate||£5,500 to £17,900|
|General psychiatric damages||Less severe||£1,440 to £5,500|
Did you know that you could fund the work on your solicitor with a No Win No Fee Agreement. A No Win No Fee solicitor could be beneficial to you. It would mean you would not have to pay No Win No Fee data breach solicitors covering Chesterfield upfront to obtain their assistance with your claim. You would not have to pay them until your claim ends and compensation comes through.
They would ask you to sign a Conditional Fee Agreement which would contain details of the success fee you’d pay out of your eventual payout. If you didn’t receive compensation, the Conditional Fee Agreement generally should mean you would not be liable to pay your solicitors costs/success fee.
Could I Use A No Win No Fee Solicitor?
Data breach solicitors for Chesterfield compensation claims would have to ascertain a few facts about your case. They would need to know that it could have a favourable chance of success. They could look at:
- Whether you were within the limitation period for claiming. This would normally be one year for a public body’s data breach. However, you might have six years in other cases.
- How the breach happened and whether it was due to wrongdoing on someone else’s part
- Whether the breach caused you financial harm and/or emotional harm
If you’d like to talk to our team to see if you could be eligible to use a No Win No Fee Agreement, please don’t hesitate to get in touch.
Would you like to access No Win No Fee data breach solicitors for Chesterfield area claims? If so, why not contact our team. We could assess your case for free. Our great reviews speak for themselves. We have successfully helped lots of people get the compensation they deserve. Why not let us help you. To contact us, please:
Employer Breached My Data – Learn more about claiming for an employer’s data breach here.
Bcc Failure – Did a Bcc failure breach your data? Learn whether you could claim.
Medical Data Breach – Find out if you could claim for a medical data breach here.
Cyber Security Breach Survey – Find out more statistics relating to data breach incidents.
What Constitutes Personal Data – Information about what personal information is from the ICO.
Confidentiality – ICO – Find out more about how organisations should protect the confidentiality of personal data.
Thank you for reading this guide to data breach solicitors for Chesterfield.
Guide By Jefferies
Edited By Melissa.