Data Breach Solicitors For Portsmouth

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Portsmouth Data Breach Solicitors – Expert Claims Support

Can I get compensation for a data breach? To be able to pursue a claim for the mental harm and financial losses that a data breach has caused you, liability must be proven. We will explain what this all means as we go through this guide.

Sharing our personal data with a myriad of different service providers is something we have to live with in the modern world. But did you know that you have specific rights that relate to how this data is stored and used? Furthermore, organisations in the UK have to follow the law that is in place to protect your personal data from unlawful use or access. This guide will explain how data breach solicitors for Portsmouth could help you to make a compensation claim if these laws are breached, and your data exposed.

Data breach solicitors Portsmouth

Data breach solicitors for Portsmouth

If you do make a claim for a data breach in Portsmouth, it will be based on its own unique set of circumstances. The cause of the claim, and the reasons you wish to seek damages will be at least partially unique to you. Therefore, you may find we have not answered every one of your questions in this guide. We can only cover so much. However, one of our claim advisors can answer any additional questions. They are available 7 days a week, around the clock. You can call them on 0800 073 8804, or you can get in touch using our contact form.

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A Guide To How Data Breach Solicitors For Portsmouth Could Help You

Later in this guide, we will explain how data breach solicitors covering Portsmouth can help you to make a claim. For now, we need to give you some background information. This is so you will understand whether or not you have a valid reason to make a claim for data breach compensation in the first place.

If your personal data is exposed to unlawful access or use, this could have serious consequences. In a worst-case scenario, it could lead to your digital identity being stolen. Identity theft is a precursor to many different types of fraudulent activity. Activity that could leave you facing thousands of pounds of new debt, or even more. And of course, if you have to deal with the repercussions of such a serious data breach, your mental health could suffer too. In the case of monetary loss or mental harm, data breach claims could be possible in some circumstances.

What Laws Protect Data?

There are a number of sets of regulations in the UK that relate to data security and privacy. However, the two main ones are the UK specific version of the General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018.

These laws are upheld by a governing body called the Information Commissioner’s Office (ICO). The ICO is empowered to investigate reports of data breaches, and take action against any organisation that has been found to have failed to comply with appropriate laws.

What Data Is Protected By Law?

UK GDPR compliance is not optional. However, not all data is protected by UK GDPR. The law makes provision for personal and special category data. You need to know what these are, in order to understand whether your data has been put at risk. You might be able to claim compensation for a data breach for the types of information outlined below.

  • Special category data is all of the information that can be used to find out something about you. Facts that could be exploited in some way. Your religion, medical data, sexual preferences and genome data are all examples.
  • Personal data is all the specific data unique to you. Your email address, phone number, passport number, postal address and bank/card information are all examples.

What Is A UK GDPR Breach?

Now you understand what laws protect what types of data, we need to move on and explain what could be deemed a data breach. Your personal and special data have to be protected, by following the principles of UK GDPR. Compliance is mandatory, and applies to generally every organisation that holds your data. Organisations that handle this data are called data controllers and the information relates to data subjects.

Some data breaches are the result of ineffective technological solutions and lax cybersecurity. Others come down to simple human error, due to deficiencies in staff training, etc. And some are the result of a cybercriminal proactively trying to breach computer and network security.

In order for data breach solicitors for Portsmouth claims to be able to help you to make a claim, you have to show that the data breach was caused by the data controller failing to correctly keep your personal information as safe as can be.

Causes Of Data Breaches In Portsmouth

Data breaches could happen for different reasons. A lot of the time they are potentially down to human errors. Human error can expose your data in a way that data breach solicitors for Portsmouth claims could help you. Below are a few examples of potential data breach scenarios.

  • Somebody is sent an email that contains your data by mistake.
  • Some of your data is posted or faxed to somebody who should not have access to it.
  • A document is circulated without your data being redacted first.
  • The BCC box is not used when a mass email is sent, and this exposes your email address.
  • Paperwork that contains your data becomes lost or is stolen.
  • Digital devices or paper-based records containing your data are thrown away, without following recommended practices for doing so.

Are Data Breaches Increasing In Frequency?

The graph below was created by referencing data that was provided by the ICO. It covers the second fiscal period of 2021/22 and shows the causes and number of non-cyber security-related data incidents.

Non-Cyberscurity Related Data Breaches 2021

What Is The First Thing I Should Do After A Data Breach?

What can I do if my data has been breached? Whether you decide to use data breach solicitors for Portsmouth claims to help you, there are a couple of voluntary steps you could take. The first of these, is to contact the entity you believe has suffered a data protection breach. To find out if a breach has occurred, and whether it affected your data.

The next, is to get in touch with the ICO and report the data breach. Why report the data breach? The ICO will generally only investigate a complaint about a data breach if you last had a communication with the organisation about the data breach within three months.

However, if you prefer, just contact our team to get started with the claims process any time of the day or night.

Calculating Breach Of Data Protection Payouts

How much compensation can you get for a data breach? This will depend on the specifics of your claim. Each claim is different, so we can’t give an average figure for compensation for a data breach under the UK GDPR. For an accurate estimate of the value of your claim, we can arrange for data breach solicitors covering Portsmouth claims to evaluate it for you. The table below is based on guidelines provided by the Judicial College. Guidelines that are used by legal professionals and data breach solicitors to value injuries.

Edit
Psychological Injury Level of Severity Damages Possible Additional Information
PTSD Severe £56,180 to £94,470 Severe cases of post-traumatic stress disorder that would cause your life quality to suffer for the long-term.
PTSD Moderate to severe £21,730 to £56,180 Moderate to severe cases of post-traumatic stress disorder that would cause your life quality to suffer for the long-term. Some recovery would be expected with professional help.
PTSD Moderate £7,680 to £21,730 Moderate cases of post-traumatic stress disorder that would cause your life quality to suffer in some way. However, you would likely recover fully after treatment.
PTSD Less severe £3,710 to £7,680 Less severe cases of post-traumatic stress disorder. Full recovery would be expected within 2 years.
Psychological Injuries Less severe £1,440 to £5,500 Less severe mental health problems that you would recover from.
Psychological Injuries Severe £51,460 to £108,620 Severe mental health problems such as anxiety, new phobias and depression, which would cause your quality of life to suffer, with symptoms lasting permanently.
Psychological Injuries Moderate to severe £17,900 to £51,460 Mental health illness that significantly affects your life. But where a recovery can be made with professional help.
Psychological Injuries Moderate £5,500 to £17,900 Recovery is expected with professional help. Any remaining symptoms will be minor.

Damages – An Overview

If your claim for a breach of data protection is successful, you will receive a settlement made up of two main types of damages. The first of these is non-material damages, paid for physical and mental harm. We covered these damages in the table above. The second type of damages that you may be able to secure, are material damages. These are paid to compensate for some form of financial loss. Some examples of why you might pursue material damages are given below.

  • To recoup ad-hoc costs associated with the breach or the claim.
  • For financial losses caused by a cybercriminal carrying out fraudulent activities in your name.
  • To cover any loss of income you suffered because you took time off work to deal with the data breach.
  • The cost of any private therapy you had to pay for.

Should You Discuss Your Case With A No Win No Fee Data Breach Solicitor For Portsmouth

A Conditional Fee Agreement (CFA), which is more commonly termed a No Win No Fee agreement, can give you a way to get legal help without paying a solicitor fee upfront. Your No Win No Fee data breach solicitors for Portsmouth claims won’t ask for an upfront fee, or ongoing fees during the time it takes to process the claim. If you win your claim, you will need to pay a small success fee to your lawyer. The level of which is limited by law.

Speak To Expert Data Breach Solicitors For Portsmouth

Our claims team can be contacted 24 hours a day, using the information below. If you need a good team of data breach solicitors covering Portsmouth claims to process a claim for you, then give us a call today.

Telephone: 0800 073 8804

Email: info@legalexpert.co.uk

Or use our web contact form.

Extra Resources Related To Claiming With Data Breach Solicitors For Portsmouth

Here are some useful web links.

The Data Protection Act 2018

Data Breaches Survey From 2021

Your Rights Under UK GDPR

These other guides could be of use to you.

A General Guide To Data Breach Claims

Claiming For The Stress Of A Data Breach

Claiming For A Data Breach Against Your Employer

Guide By Wheeler

Edited By Melissa.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.