Newcastle-upon-Tyne Data Breach Solicitors – Expert Claims Support
This guide explains when you could use data breach solicitors for Newcastle-upon-Tyne compensation claims. We’ll provide information regarding the criteria of data breach claims and what kind of damages a successful case will be awarded. If you live in Newcastle-upon-Tyne you may be under the impression that you need to use solicitors that are near you, but did you know that you can use solicitors from anywhere in the country to represent your case?
We are lucky in the UK because we have some of the best data protection laws in the world. The GDPR (or the General Data Protection Regulation) was introduced following the enactment of the Data Protection Act 2018 (DPA). After we left the EU, these laws were updated. The GDPR then became the UK GDPR and runs alongside the updated DPA. Both are enforced by the Information Commissioner’s Office (ICO).
While the ICO has certain powers to penalise companies that break the rules, they can’t issue data breach victims with compensation. Therefore, we’ve compiled this guide to show you how to take action yourself. We’ll show you how you could claim data breach compensation for financial losses and mental harm caused by a personal data breach.
We offer a free telephone consultation to anybody who is considering claiming. Our advisors provide free legal advice during your no-obligation call. If there are grounds to continue, we could partner you with one of our data breach lawyers. You can relax throughout the claims process if your case is taken on because of their No Win No Fee service.
To start the ball rolling right away, why not get in touch on 0800 073 8804 today? Alternatively, you’ll find more information about what to do should you fall victim to a Newcastle-upon-Tyne data breach in the rest of this guide.
Select a Section
- An Overview Of Data Breach Solicitors For Newcastle-upon-Tyne
- What Are Data Protection Breaches?
- Why Do Data Breaches Occur?
- How Often Do Data Breaches Happen?
- Do I Need A Solicitor Or Go To Court?
- Can I Get Compensation For A Data Breach?
- What Are The Benefits Of Using No Win No Fee Data Breach Solicitors Covering Newcastle-upon-Tyne?
- Speak To Data Breach Solicitors For Newcastle-upon-Tyne Claims
- Learn More About How Data Breach Solicitors For Newcastle-upon-Tyne Can Help You
An Overview Of Data Breach Solicitors For Newcastle-upon-Tyne
As we’ll use phrases in this guide that may be new to you, let’s define a few of them here before we move on.
- Personal data is information that could be used to identify a data subject.
- A data subject is any living person whose personal data will be used by a data controller.
- Data controllers are organisations who need to use personal data in some way. They might use a data processor to process personal data or they might do it themselves.
As we progress, we’ll look at when you could use our data breach solicitors for Newcastle-upon-Tyne claims. To achieve this, we’ll consider the harm that personal data breaches can cause. Also, we’ll look at what scenarios can cause data breaches to happen. Then we’ll provide example figures that could be paid as data breach compensation.
To make a successful claim, you’ll need to show that a) the defendant failed to protect your data in some way and b) that you suffered as a result. This might mean your claim is based on a psychological injury that you suffered because of the data security breach. Alternatively, it could result from any financial losses the breach led to.
What Are Data Protection Breaches?
Personal data breaches, according to ICO documentation, are incidents where personally identifiable information is disclosed, accessed, destroyed, altered or lost unlawfully, deliberately or accidentally through a data security incident. You could use our data breach solicitors for Newcastle-upon-Tyne claims in some circumstances.
Where the defendant took all precautions possible to protect your data, a claim would not be possible. However, if the defendant did something or failed to do something that led to the breach, you may be entitled to claim. For example, if you were identifiable because a company failed to use the Bcc field when sending out a mass email and that caused you to suffer, you may be able to seek damages.
As well as showing how the defendant’s actions allowed the breach, you’ll need to prove how you suffered. We’ll discuss this more later on when we examine what damages can be claimed when pursuing personal data breach cases.
Why Do Data Breaches Occur?
As described earlier, data breaches aren’t always deliberate acts that are malicious. Accidental data breaches are just as likely, if not more and could also result in a compensation claim. Therefore, we’ve added some scenarios that might result in a claim below:
- If the local authority sends letters containing your personal information to the wrong address, a council data breach claim might be possible.
- Where a group email is sent, but the Bcc field wasn’t used.
- A lost device data breach claim may be possible if a device was left on a bus, for example, and not password protected but contained files of personal data.
- You may be entitled to claim if staff disclose personal information about you to an unauthorised party.
- If a colleague uses their employer’s database to look up your personal contact details without business reason, a claim might be possible.
- Where an unauthorised party reads your contact details because a computer screen was visible from a public area.
- A claim might be possible for a medical records data breach. This could involve unauthorised access or disclosure to others without a lawful basis.
How Often Do Data Breaches Happen?
The rules of the UK GDPR mean that organisations must inform the ICO about some data security incidents within 72-hours. These reports are then collated and data about them is released by the ICO quarterly. The statistical table below shows data security incidents reported to the ICO for the second quarter of the 2021/22 financial year.
The details relate to non-cyber security incidents across all reportable sectors. They are not specific to Newcastle-upon-Tyne. If you believe you have grounds to make a data breach claim, why not contact us today?
Do I Need A Solicitor Or Go To Court?
It’s important to point out that you don’t need a solicitor to help you claim. You are well within your rights to pursue your own claim. However, often proving liability of the data controller and gathering evidence can be a little complex. Solicitors, who specialise in this area will not only have knowledge but the experience your case may need. Local solicitors that are near to you are no longer necessary either. You can work with a solicitor no matter where they are based. Much of the claims process can be managed with the internet, phone calls and web chats. You can use our data breach solicitors for Newcastle-upon-Tyne claims.
So, what steps do you need to take if you are to claim? Firstly, you’ll need some evidence to prove the breach took place. This can be obtained in a few ways:
- Organisations must tell you about data breaches that affect your rights or freedoms. This must be done without undue delay. Importantly, the correspondence they send could be used as evidence to support your claim.
- You can write formally to the organisation and raise your concerns. If they reply to confirm the breach, this could also be used as evidence.
- Finally, you could ask the ICO to investigate. You need to do this within 3-months of the last response from the organisation you hold responsible.
Can I Get Compensation For A Data Breach?
The UK GDPR allows for two types of compensation to be claimed:
- Material damages can be sought to recover any financial losses you’ve suffered because of the breach.
- Non-material damages might be claimable if you’ve suffered psychologically because of the breach. Examples of what could be claimed for include PTSD, anxiety and distress.
To demonstrate what level of compensation could be awarded, we’ve included the table below. It is based on figures from the Judicial College. Their guidelines are used by courts and legal professionals when looking at values for injuries.
|Injury Claim||Severity||Compensation Bracket||More Information|
|Psychiatric Damage / Mental Harm||Severe (a)||£51,460 to £108,620||The claimant's life in general will be affected significantly as will work and relationships. As a result, they will be given a very poor prognosis and it is unlikely that treatment will help.|
|Moderately Severe (b)||£17,900 to £51,460||While significant problems as listed above will persist initially, there will be a more optimistic medical prognosis.|
|Moderate (c)||£5,500 to £17,900||In this category, the claimant will have suffered significantly but there will be signs of a recovery. Therefore, a good prognosis will be given.|
|PTSD||Severe (a)||£56,180 to £94,470||Symptoms of PSTD in this category might be permanent. As a result, the claimant probably won't be able to work and certainly won't be able to function as well as before.|
|Moderately Severe (b)||£21,730 to £56,180||With professional support, the claimant should see some amount of improvements. However, they will be significantly affected initially.|
|Moderate (c)||£7,680 to £21,730||For this category to be relevant, the claimant will have recovered from most of their symptoms.|
The severity of your injuries plays a large part in any compensation award. Therefore, the claims process may require that a medical assessment is carried out independently. Don’t be put off from claiming by this as it’s a very straightforward process. Also, to reduce travelling requirements, your solicitor will usually try to book a local appointment.
A medical expert will discuss how you’ve suffered because of the breach during your meeting. They might then refer to any medical records available to them. Once finished, they’ll prepare a report to explain your injuries and your prognosis. The report will be filed with both sides (the defendant’s and the claimant’s).
What Are The Benefits Of Using No Win No Fee Data Breach Solicitors Covering Newcastle-upon-Tyne?
A lot of people worry about the cost of using a solicitor for a compensation claim. However, you could use one of our data breach solicitors for your Newcastle-upon-Tyne claim on a No Win No Fee basis.
We believe you have a better chance of being compensated if you have specialist legal support. If your claim is accepted, the claims process will be much less stressful because you’ll know that you won’t pay for your solicitor’s work unless you are paid compensation.
Before taking your claim on, your solicitor will check whether:
- There’s evidence of a GDPR data breach involving your data; and
- It was allowed to happen because of something the defendant did or didn’t do; and
- You were psychologically or financially harmed as a result.
Another check they’ll make is whether you’re claiming within the allowed time limits. This is either a 1-year or 6-year limitation period. We’d suggest that you check how long you have as soon as possible.
If your claim is accepted, your solicitor’s time and effort will be funded by a Conditional Fee Agreement (CFA). This contract is the type of No Win No Fee agreement they use for data breach claims.
The CFA will show you what conditions must be met before you need to pay your solicitor. Essentially, you’ll only pay them if you’re compensated. When that happens, you’ll pay a success fee. This fee is deducted from any compensation and is set at a fixed percentage.
Legally, success fees are capped when using CFAs to prevent you from being overcharged.
Speak To Data Breach Solicitors For Newcastle-upon-Tyne Claims
Hopefully, this article about data breach solicitors for Newcastle-upon-Tyne claims has proven useful. If you’d now like to begin legal action with us at your side, you can:
- Call our team of specialists on 0800 073 8804.
- Use our online claims form to start the ball rolling.
- Ask for expert advice from an online advisor.
- Send us an email with information about your claim to firstname.lastname@example.org.
We’re ready to answer any questions 24-hours a day, 7-days a week. To learn more about how we’ve helped others, please take a look at our online reviews.
Learn More About How Data Breach Solicitors For Newcastle-upon-Tyne Can Help You
What Rights Would You Have If A Newcastle City Council Data Breach Happened? – Information on claiming if you’ve suffered following a city council data protection breach.
Bank Data Breaches – Advice on claiming if a bank breaches data protection rules.
Should A University Of Newcastle Data Breach Occur What Are The Procedures?– A guide about claiming for suffering caused by a university data breach.
Other Data Protection Resources
Obtain Copies Of Your Data – Government information on how to ask a data protection officer to supply copies of your information.
Recent ICO Action – This online search tool lets you read about fines and enforcement notices issued by the ICO.
Support For Stress – NHS information on where to turn if you’re struggling with stress.
You’ve reached the end of our guide on data breach solicitors for Newcastle-upon-Tyne claims. Please call if you have any questions.
Guide By Hambridge
Edited By Melissa.