Fareham Data Breach Solicitors – Expert Claims Support
Have you been affected by a data breach? Did human error result in personal information about you leaking into the public domain? The repercussions of events like this can be devastating for the people it impacts. Data breach solicitors for Fareham compensation claims could help you receive damages if you have suffered monetary loss and/or mental suffering due to a data breach that could have been avoided.
Some key definitions are good to know. Data controllers are organisations or third parties that collect personal information about a person. These persons are known as data subjects. It is vital that any personal data stored about a data subject is protected by the data controller.
If a data controller failed to adequately secure the personal information you provide to them, then if a data breach occurs you could be eligible to make a data breach claim.
Speak to data breach solicitors for Fareham claims today to learn more by:
- Calling us on 0800 073 8804
- Or email us at Legal Expert
- Use the ‘live support’ option for immediate help
Select a Section
- A Guide To Data Breach Solicitors For Fareham
- Explaining What Data Breaches Are
- What Could Cause A Data Security Breach?
- Key Statistics On Data Security Breaches
- What Do I Need To Show If I Want To Make A Claim?
- What Am I Eligible To Claim?
- No Win No Fee Agreements And Data Breach Solicitors For Fareham
- Talking To Data Breach Solicitors For Fareham About Your Case
- Our Specialist Data Breach Solicitors For Fareham Claims – More Help
In 2018 the EU introduced an EU Directive known as the General Data Protection Regulation GDPR. This was enacted into UK law through the Data Protection Act 2018. However, in 2021 the UK officially left the EU and the laws that had been adopted no longer applied. The UK Government introduced the UK GDPR and updated the Data Protection Act 2018 due to the withdrawal agreement.
The ICO looks at when consent is needed for our personal information to be handled. However, you may be surprised to learn that consent is not always needed for our information to be shared. Legally there are 6 lawful bases that can allow this to happen.
In this guide, we explain how to define a data breach and what evidence you can assemble to prove it caused you harm. We look at the role of the Information Commissioner’s Office (ICO) and how they can hold those responsible for a data breach, (either accidental or deliberate) to account. In conclusion, we discuss how a data breach solicitor can take your case and how a No Win No Fee agreement can be used as a way to fund your legal representation.
When we are talking about data breaches do we really know what information is protected under data privacy laws? Both the UK GDPR and the DPA 2018 cover only data that can be used to identify you or be combined with other information to identify you. Sensitive information, especially related to characteristics is also protected.
Below are types of data that are protected:
- Name and address
- Mobile and email address
- Bank details
- Medical details
- Immigration status and passport information
- Adoption or dependents information
- Criminal records
- Details about vulnerable or high-risk individuals
In order to succeed with a data breach claim against a data controller firstly, you must prove a breach has occurred. This breach will need to have been allowed by the actions or inactions of the data controller and you will have suffered harm because of this.
The ICO identifies a personal data breach as a security incident which means personal data is:
- Or accessed without authority
Any information that could be used to identify you as a ‘natural being’ can be traded online amongst cybercriminals and used to open bogus lines of credit in your name. The consequences can be months or even years of bad credit rating, debt and in some extreme cases, wholesale theft of their identity.
7 Core Principles
In order to help companies implement these protective new laws, there are 7 core principles when it comes to the UK GDPR:
- Lawfully and fairly collected
- To have a clear and limited purpose
- Kept to a minimum
- Be accurate
- Stored for a limited period
- Treated with integrity and confidentiality
- For all those involved with the data to be accountable
The ICO require a 72-hour period for companies to report data breaches to them that affects the rights and freedoms of data subjects.
Companies who breach or disregard these laws may suffer enforcement action or penalties from the ICO.
You may be of the opinion that personal data breaches are caused by cyber criminals and online information being leaked or exposed. However, the majority of data breaches occur due to human error as you will see as you get further into this guide.
Examples of causes of data breaches;
- Data emailed to the wrong person
- Paper documents can be sent to the wrong postal address or faxed to the wrong person
- The agency concerned may have failed to properly redact sensitive information
- A failure to use the BCC privacy option in emails
- Loss or theft of laptops, smartphones or other devices
- Incorrect disposal of paperwork or hardware (there should be a designated protocol for shredding or disposing of personal data)
- Other examples of human error (casual conversation or social media posts) can give rise to problems.
- Poor IT defence systems or inadequate cyber protection/firewalls
UK GDPR compliance is a serious matter. Any agency found disregarding or minimising the importance of solid data protection can face punitive fines from the ICO. Their statistics below look at data security incidents that have been reported to them for the second fiscal quarter of 2021/22.
Non Cyber events (per incident)
- Data incorrectly emailed – 397
- Wrong data of client shown in portal – 26
- Data incorrectly posted or faxed – 192
- Failure to redact – 102
- Failure to use Bcc security – 72
- Incorrect disposal of hardware or paperwork – 4
- Loss or theft of a device containing data – 45
- Loss of paperwork left in an unsafe location – 164
- Verbal disclosure of information – 68
- Unauthorised access – 209
- Other types not specified – 353
- Brute force (from external attackers) – 28
- Denial of service (DoS) – 4
- Hardware/software misconfiguration – 56
- Malware – 23
- Phishing scams – 268
- Ransomware – 219
- Unauthorised access – 65
- Other cyber incidents – 51
The grand total for Quarter 2, the financial year 2021/22 is 2,431.
A serious data breach can create both financial chaoses and the claimant suffering stress. Prior to a legal ruling called Google v Vidal-Hall, in order to claim psychological anguish after a data breach, you must have suffered financially as well. Now you can claim for either or both if you have the necessary evidence.
An independent medical assessment can prove that your mental health has suffered because of the worry and anguish caused by knowing your data has been leaked. Data breach solicitors for Fareham could calculate a compensation amount. There is a checklist that you can follow:
- Complain to the company you believe breached your data (you can use this ICO document)
- If you fail to hear a meaningful response no longer than 3 months after raising a concern, you can use this document to complain directly to the ICO. They may not take the case up but it sends a strong message to them that you require a response. Furthermore, you do not need to involve the ICO and can claim independently.
- Speak to a data breach solicitor about launching a claim.
- Start to assemble medical and financial evidence of harm.
In data breach cases, there are two types of compensation you can seek called ‘material’ and ‘non-material’. Material damages relate to all the demonstrable costs that you may have incurred because of the leaked data, such as:
- Stolen funds from your bank account
- Lines of credit created in your name
- Late fees, unauthorised overdrafts and bank charges
- Any costs associated with reorganising your life such as placing your children in new schools or even moving
- Replacement technology such as phones or laptops
- The costs of counselling or medical treatments from anxiety, depression etc.
Non-material damages focus on the emotional harm caused. A data breach can create circumstances ranging from nuisance cold calls to something as serious as a stalker. Therefore the anguish caused can be huge.
With this in mind, an independent medical assessment is always a fundamental part of a claim for physical or mental damages. It is your opportunity to have all the negative impacts properly acknowledged – whatever their severity.
Data breach solicitors for Fareham claims can help arrange an independent specialist in this field. When compared with injuries listed in the Judicial College guidelines, an appropriate figure can be requested as in other personal injury scenarios.
|Injury||Severity||JCG award bracket||notes|
|Psychiatric harm/ stress/anxiety or depression||Severe||£51,460 to £108,620||Severe problems coping with daily life|
|Psychiatric harm/ stress/anxiety or depression||Moderately severe||£17,900 to £51,460||Significant mental health issues but a more positive prognosis.|
|Psychiatric harm/ stress/anxiety or depression||Moderate||£5,500 to £17,900||Already marked improvements.|
|Psychiatric harm/ stress/anxiety or depression||Less severe||up to £5,500||Depends on length of illness, impact on sleep or daily activities. Mat relate to a single specific associated phobia.|
|Mental Health Condition||Severe PTSD||£56,180 to £94,470||Detrimental effects that prohibit the sufferer from coping at anything near pre-trauma levels|
|Mental Health Condition||Moderately severe PTSD||£21,730 to £56,180||The prognosis is more positive than above with professional help|
|Mental Health Condition||Moderate PTSD||£7,680 to £21,730||Good recovery expected with only minor symptoms persisting.|
|Mental Health Condition||Less severe PTSD||up to £7,680||Generally a good recovery with 2 years.|
Each case will fluctuate according to the circumstance and severity of the injury. However, it’s important to note that mental health impacts such as depression, anxiety and Post-traumatic stress disorder (PTSD) can be acknowledged as very real consequences of a data breach incident.
No Win No Fee data breach solicitors for Fareham can help you at no upfront costs to put together your claim.
When you engage a data breach lawyer under a Conditional Fee Agreement (or ‘No Win No Fee’ as they are commonly referred to) solicitors only deduct a small percentage of the settlement as their fee if your case wins. If the case does not win, there is nothing to pay them at all.
Agreements such as this enable everyone to access high-quality legal representation immediately. With the expertise and insights to evaluate your losses properly, data breach compensation could be a reality for you. With this in mind, you can get in touch and activate a claim right now.
It’s important to note that there are time frames for starting a data breach compensation claim. Under the Limitations Act 1980, a claimant has 6 years to activate a claim. This reduces to 1 year if the data incident involves a public body.
Get in touch:
Speak to our team now. The advice is free, and it’s in complete confidence. As well as this, there’s no obligation to proceed with a claim unless you wish to. Our solicitors could offer you insights into a data breach compensation claim in minutes.
In conclusion, thank you for reading this guide. We hope it has helped to clarify the position you can take if an agency trusted with your data failed to adequately protect it. Below are some links to further reading on the subject of a data breach:
- Failure to use Bcc email data breach claim
- Also, data breach ‘Frequently Asked Questions’
- National Crime security Centre provide advice on staying data safe
- Tips from Gov.UK on online security for young people
- And how to use social media safely from the National Crime Secuirty Centre
Thank you for reading our guide about how data breach solicitors for Fareham can help you.