Luton Data Breach Solicitors- Expert Claims Support
In this guide, we look at how data breach solicitors for Luton could be able to help you if your data has been exposed in a data breach in Luton. Personal data that is stored or processed, is protected by law. If your personal information is breached, this could cause you mental harm or financial loss. In such cases, in the right circumstances, data breach claims could be possible. The aim of this guide is to act as a primer for the process of making such a claim.
Data breach solicitors for Luton
The circumstances of your claim will be at least partially unique. Your claim may be similar to others, but it won’t be exactly the same. We can only go over so much information in this short guide. Therefore, it may not answer all of your questions. But we can still help you. You can contact one of our claim advisors on 0800 073 8804 to have your questions answered. If you prefer, message us using our contact form and we will get back to you. Our claims team works 7 days a week, and is available 24 hours a day to assist you.
Select a Section:
- Our Guide On Expert Data Breach Solicitors For Luton
- The UK GDPR – What Is A Data Breach?
- Common Reasons Why Data Breaches Happen
- How Often Do Data Breaches Occur?
- Can You Take Action Without Contacting A Data Breach Solicitor?
- How To Calculate Data Protection Breach Compensation
- Should I Claim With A No Win No Fee Solicitor?
- Contact Specialist Data Breach Solicitors For Luton
- Essential References
Our Guide On Expert Data Breach Solicitors For Luton
This guide will equip you with an understanding of how data breach solicitors for Luton can help you. Within it, we will cover what potentially a Luton data breach may be, and how it could happen. We will also cover how to get a claim for data breach compensation started.
What is important to remember is that not all data is protected under data protection laws. Data that refers to you personally and special categorised data is protected. Data breach victims do not automatically qualify for compensation. The onus will be on you to prove how the organisation failed to adhere to data protection laws when securing your personal information.
By reading this guide, you will learn about the types of data that should be protected, and the laws in place to facilitate this. You will also learn about why you may be eligible for compensation after a data breach, and how a solicitor can assist you in securing this compensation.
The UK GDPR – What Is A Data Breach?
There are two main pieces of legislation in the UK that aims and protecting the personal data we supply to organisations or data controllers as they are known when talking about data security. A data controller is often an organisation that collects your data. You are the data subject. The UK General Data Protection Regulation UK GDPR and The Data Protection Act 2018 are key pieces of legislation designed to ensure your data is kept secure and used lawfully.
Certain types of data have to be safeguarded at all times. Organisations/data controllers that store or process your personal data has to comply with data privacy and security legislation i.e. private company, charity or non-profit organisation, government body and local authority such as Luton Borough Council.
Below, we explain the laws that protect your data, and also what types of data these laws apply to. For now, we need to explain the concept of liability. You will need to show that the organisation that exposed your data, did so through non-compliance with all relevant laws. Only then could a team of data breach solicitors for Luton help you to make a claim.
Data That Is Protected
Not all data is covered by data security legislation. Only your personal data and sensitive information that is regarded as special data is protected. Any other data that is exposed, could not become the basis of a data breach compensation claim.
Your personal data is all of the unique information about you. For example, your date of birth, contact information such as your phone number, email address or postal address, bank account number and credit/debit card details.
Your special data is information about you that although not unique to you, could be used to find something out about you that could be exploited. For example, your religion, racial background, membership of political parties or trade unions, medical records, etc.
Laws That Protect Data
There is a governing body, the Information Commissioner’s Office (ICO), that is responsible for upholding UK data protection law. The ICO policies compliance with data protection regulations, and can take punitive action against organisations that fail to comply with the law.
There are two main bodies of laws that apply to data protection in the UK. These are the UK version of the General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
Common Reasons Why Data Breaches Happen
As we previously mentioned, GDPR compliance is mandatory for those that store or process your personal data. A failure of compliance protocols can lead to your data being exposed. Some data breaches are the result of invasive actions carried out by a hacker or cybercriminal. Others are caused by poorly implemented network or computer security. However, many are simply the result of some sort of human error. Below, are some examples of how a data breach could expose your data;
- A digital data storage device is lost or stolen, and it has your data stored on it. For example, a USB memory stick or portable hard drive.
- Paper-based records that contain your data are disposed of without the proper process for doing so safely being followed.
- A mass email is sent, but the BCC box is not used. Because of this, your email address is exposed to every recipient of the email.
- Your data is emailed, posted or faxed to a person who does not have the authorisation to access it.
- Your data should have been redacted from a document before it was circulated, but it wasn’t.
- An employee of the organisation discusses your data and information outside of work.
In each of these examples, your data could have been compromised. And if you could prove liability, a team of data breach solicitors for Luton claims might be able to help you.
How Often Do Data Breaches Occur?
As part of its remit, the ICO collects and correlates data related to the cause and frequency of data breaches. We used some of this data to create the graph below. It shows the causes and number of non-cyber security-related data incidents for the second financial quarter of 2021/22.
Can You Take Action Without Contacting A Data Breach Solicitor?
What can I do if my data has been breached? There are a couple of things you can do before contacting a team of data breach solicitors covering Luton claims. Firstly, you might like to try contacting the organisation you believe exposed your data. This will enable you to find out whether a breach has occurred. And if it has, whether your data has been affected.
Secondly, you can report the potential data breach to the ICO. However, the ICO will likely only follow up on a complaint about a possible data breach if you have had meaningful contact with the organisation less than three months ago.
However, to claim for a data breach it is not compulsory to use use a solicitor to support your case. You are well within your rights to go at it alone. But if you have never pursued a data breach claim before you may not know where to begin and what is needed. This is one of the main reasons we always advise that you get legal help with a case like this. You are free to contact our claims team at any time, in order to get some help with making a claim.
How To Calculate Data Protection Breach Compensation
How much compensation can you get for a data breach? This will depend entirely on the circumstances of your claim. The compensation for a GDPR data breach will be driven by the level of mental harm and financial loss you have faced. Because your claim will be unique, we can’t provide you with a figure for the average you might receive.
However, the table below shows possible ranges of compensation for different types of psychological injury. The compensation that is awarded for suffering is called non-material damages. Material damages are not included in the table but they cover financial losses. We created this based on the guidelines that are produced by the Judicial College. Legal professionals use these guidelines to value claims. If you want a more accurate estimate, we can arrange for a data breach solicitor covering Luton claims to value your claim for you.
| Mental Health Issue | How Bad? | Possible Payment | Additional Info | |||
|---|---|---|---|---|---|---|
| PTSD | Severe | £56,180 to £94,470 | Severe cases of post-traumatic stress disorder may cause long-term consequences. | |||
| PTSD | Moderate to severe | £21,730 to £56,180 | The severity of your post-traumatic stress disorder can significantly affect your quality of life. There may also be minor symptoms in the long-term after treatment. | |||
| PTSD | Moderate | £7,680 to £21,730 | Post-traumatic stress disorder can adversely affect your quality of life. However, you should be able to live a normal life following treatment. | |||
| PTSD | Less severe | £3,710 to £7,680 | Recovery 2 years. However, you may still experience minor symptoms after treatment. | |||
| Mental harm | Less severe | £1,440 to £5,500 | Almost near full recovery with any symptoms persisting being minor. | |||
| Mental harm | Severe | £51,460 to £108,620 | Claimant’s life will be affected permanently and they will not return to pre-trauma state. | |||
| Mental harm | Moderate to severe | £17,900 to £51,460 | The prognosis is good if professional help is sought however the claimant will have suffered significant disabilities before this time. | |||
| Mental harm | Moderate | £5,500 to £17,900 | Good recovery by the time of trial no grossly disabling symptoms will continue. |
Different Damages Explained
In the table above, we covered non-material damages. These all relate to some form of trauma, pain or suffering. The other type of damages that you could potentially claim, is material damages. These damages make up for financial losses, either already incurred or predicted. However, you will need to provide proof of these losses in order to claim for them. Some examples of why you might need to claim for these damages are covered below.
- Lost income. If you had to take time away from your job, and you did not get paid in full for this time. Alternatively, if you had to use up leave days.
- Lowered earnings. If in the future, you will not be able to work as effectively, this will reduce your potential lifetime earnings.
- Private medical fees. If you had to pay for treatment yourself.
- Ad-hoc expenses. Costs incurred dealing with the data breach, your medical condition, or the claim itself.
- Care costs. If, for example, you needed to pay for a nurse to come and care for you at home.
- Moneys lost because your bank account was hacked using personal details exposed in the data breach.
- Or fraudulent purchases were made in your name using your leaked personal details.
Should I Claim With A No Win No Fee Solicitor?
It may be possible to use data breach solicitors for Luton claims working under a No Win No Fee agreement to process a claim for you. This is also referred to as a Conditional Fee Agreement (CFA).
When you work with a No Win No Fee data breach solicitor, you don’t have to pay any upfront fee to your solicitor. Neither will you have to pay the solicitor a fee across the lifecycle of the claim until it is resolved. If the claim fails, you also don’t pay the lawyer a fee.
If the claim is won, a modest success fee, that is legally limited and would have been pre-agreed at the start of the claim will be due. This will be taken out of any compensation payment the lawyer is sent, and you then receive the remainder.
Contact Specialist Data Breach Solicitors For Luton
Do you believe you have fallen foul of a breach of the Data Protection Act 2018? Do you need to find a good team of data breach solicitors for Luton claims to help you to get data breach compensation? Then please get in touch with us today, we may be able to help you. You can use the information below to reach out to us.
Telephone: 0800 073 8804
Email: info@legalexpert.co.uk
Or use our web contact form.
Essential References
Here are some links to other useful websites.
The Data Protection Act 2018 In Detail
Find Out What Data An Organisation Has About You
Here are some links to related guides.
Local Authority and Council Data Breach Compensation Claims Guide
Employer Personal Data Breach Compensation Claims Guide
School Data Breach Compensation Claims Guide
Guide By Wheeler
Edited By Melissa.
