Rayleigh Data Breach Solicitors – Expert Claims Support
On the page below, you will find a guide to how data breach solicitors for Rayleigh can help you to make a claim. In many cases, the data you share with organisations is protected by law. This guide will look at how such data can be put at risk, resulting in you suffering harm or financial loss. We look at why data breach claims could be valid, and how data breach lawyers can assist you by processing a claim for you.
Your claim, although potentially similar to others, will be based on at least some unique circumstances. Either in the reason for making a claim, or why you are seeking damages. Therefore, as this is only a small guide, it may not cover all your questions. But, our claims team is available 7 days a week, 24 hours a day, to answer any questions you have left once you have read this guide. You can call our team and speak to an advisor on 0800 073 8804. Or request a call back by using our contact form.
Select a Section:
- A Guide On How Expert Data Breach Solicitors For Rayleigh Can Help You
- What Is A Data Breach?
- Types Of Incidents Data Breach Solicitors For Rayleigh Can Help You Claim For
- Are Breaches In Data Protection Common?
- What Could I Do To Help Make My Claim Successful?
- What Payout Could My Solicitor Help Me To Claim?
- Explaining What Are No Win No Fee Solicitors?
- Talk To Data Breach Solicitors For Rayleigh
- Learn More About Making A Claim
A Guide On How Expert Data Breach Solicitors For Rayleigh Can Help You
This guide to using data breach solicitors for Rayleigh to make a claim, offers advice and information you need to know before starting a claim. It is broadly split into two parts. The first gives background information. We explain data security laws and what a data breach is. There are also some example data breach scenarios that data breach solicitors could be able to process a claim for.
The second part of the guide gives information about the claims process. Including what to do before making a claim, and a discussion of compensation and damages. No Win No Fee lawyers are also covered towards the end of the guide.
What Is A Data Breach?
Before we look at how data breach solicitors for Rayleigh could help you make a claim for compensation we need to look at a few key definitions. Not all data is protected by data-protection laws only data that is considered sensitive or personal. Data controllers are those who want to collect and process our personal data which means we are data subjects.
So, a personal data breach happens when a security incident means that your personal data has been accessed, destroyed, lost, stolen, altered without a lawful basis or by accident i.e. human error.
Organisations i.e. data controllers, have to comply with data security and privacy laws. For example, Rayleigh Town Council collects a lot of personal data about the people that use their services. Therefore, they legally have to put in steps to protect such information.
However, just because a person has suffered a data breach does not mean they are eligible to claim compensation. The data controller must be proven to have failed to correctly keep this data secure. If a data controller has taken all the necessary steps in protecting personal information and a data breach still occurs this may mean a claim is unlikely.
How Is The Law Applied?
There are two main bodies of data protection laws in the UK. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The Information Commissioner’s Office (ICO) is the governing body responsible for overseeing UK GDPR compliance. If there has been a breach of the data protection laws, the ICO can also take punitive measures against the data controller.
Not all types of data are protected by law. Only your personal data and other sensitive information that is classed as special data. We give a definition of both of these below.
- Special category data is all of the information that tells something about you, which might be exploitable. Some examples include your race, religion and genome data, your medical records, and information about memberships of political parties or trade unions.
- Personal data is unique data related to you. Examples might include your bank account numbers and card details, your email address and postal address, and your date of birth.
Types Of Incidents Data Breach Solicitors For Rayleigh Can Help You Claim For
There are many ways your data could be exposed to unlawful use that data breach solicitors for Rayleigh could help you claim for. Additionally, you are well within your right to represent your own case but we believe having a solicitor who specialises in data breach claims can ensure that your case is filed correctly and in full. Below, we have given a few examples of how a data protection breach could happen.
- Somebody sends a mass email, exposing your email address because the BCC field was not used.
- A document is published, without your data being fully redacted first.
- Fax or letter containing your data is sent to the wrong person.
- Paperwork that contains your data is left in a public place.
- A storage device is lost or stolen and it contains your data.
- Your data is emailed to somebody who does not have permission to have it.
- A verbal disclosure of your data takes place to an unauthorised party.
In each example, if it can be proven that a breach of compliance leads to the data breach, a claim for data breach compensation may be possible. Call and speak to an advisor to check if your claim is valid.
Are Breaches In Data Protection Common?
The ICO collects data related to how data breaches occur, and how often. The graph below shows the causes and volume of non-cyber security data incidents that happened in the second financial quarter of 2021/22 period. Based on some ICO provided data;
What Could I Do To Help Make My Claim Successful?
Although there is nothing stopping you from contacting data breach solicitors for Rayleigh to begin a claim straight away, there are a couple of things you might be able to do first. Firstly, you might like to try contacting the organisation that you think has exposed your data. You can check whether a data breach has actually happened, and how badly your data was put at risk if one did.
Secondly, the ICO could be able to help you. How to report a possible data breach? Such a complaint will need to be made within three months of the last meaningful communication, you had with the organisation about the data breach.
If you are still unsure whether the data breach you have fallen victim to entitles you to pursue a data breach compensation claim why not give our advisors a quick call. Through a free initial consultation that is free of charge, the advisors can assess your case. They can provide free legal advice. Any cases they see that have the potential to succeed can be passed over to our data breach solicitors.
What Payout Could My Solicitor Help Me To Claim?
It is impossible to give you an average amount for compensation that will be awarded in a data breach claim. Every claim has its own unique aspects affecting the payout. Successful data breach claims can be awarded two types of damages: material and non-material. However, the table below gives examples of non-material damages paid for mental harm. You may be invited to a medical assessment. This assessment will be with an independent doctor who will assess your suffering and provide a report. We based this table on the Judicial College guidelines used to value injuries in personal injury claims.
|Harm Suffered||How Severe?||Notes||Possible Compensation|
|Post-Traumatic Stress Disorder||Moderate||The claimant by trial will have made a huge mental health improvement. Any remaining symptoms will not be major.||£7,680 to £21,730|
|Mental harm||Severe||A mental health condition such as anxiety, depression, or phobias. Mental health issues may have a lasting impact for years or even permanently.||£51,460 to £108,620|
|Post-Traumatic Stress Disorder||Less severe||The symptoms of this type of PTSD are less severe. Some symptoms may persist even after you have received treatment. A full recovery within 1-2 years.||£3,710 to £7,680|
|Mental harm||Less severe||Some residual symptoms may persist after treatment.||£1,440 to £5,500|
|Mental harm||Moderate to severe||The severity of mental health problems ranges from moderate to severe. Depression, anxiety, and phobias are some examples. Even when treated, minor symptoms may persist for some time.||£17,900 to £51,460|
|Post-Traumatic Stress Disorder||Severe||Your ability to function could be severely impaired. Long-term or even permanently, life-changing symptoms may persist.||£56,180 to £94,470|
|Mental harm||Moderate||A mental health issue such as anxiety or depression that is moderate in intensity. However, you could recover completely. Any remaining symptoms will be minor.||£5,500 to £17,900|
|Post-Traumatic Stress Disorder||Moderate to severe||The condition significantly impairs your functioning. Symptoms may persist for quite some time after treatment is completed.||£21,730 to £56,180|
Damages In More Detail
The table presented in the previous section, shows possible non-material damages. However, material damages can also be claimed for in combination or as a totally separate entity. These material damages are related to compensating you for some type of financial loss. Therefore, this can be a present financial loss or one predicted in the future. Losses you intend to claim for must be proven by documented evidence. Below, are some examples of why you might seek material damages.
- To cover debt. For example, if a cybercriminal used your identity to make purchases using your credit or debit cards.
- For lost earnings. If, for example, you had to take time off work to deal with the aftermath of a data breach, and were not paid in full for this time.
- To pay back the cost of any private medical care or therapy that you paid for yourself,
- To cover ad-hoc costs associated with making the claim, or dealing with the data breach.
Explaining What Are No Win No Fee Solicitors?
A No Win No Fee data breach solicitor may be able to help you to make a compensation claim. When working under a No Win No Fee agreement, which is also known as a Conditional Fee Agreement, a firm of data breach solicitors won’t ask you to pay any upfront fees. You also don’t pay your lawyer a fee while the claim is being processed. And, if the claim is not a success, your lawyer won’t ask to be paid a fee at all.
However, if the claim is a success, a modest, pre-agreed success fee, which is limited by law, will be paid to your lawyer. This can be collected from any compensation money the lawyer was sent for you. The remainder is then yours. Call and ask our advisors for more information about making a No Win No Fee claim.
Talk To Data Breach Solicitors For Rayleigh
Have you been harmed or suffered financial loss because your data was exposed? We can provide you with a team of data breach solicitors covering Rayleigh to help you to make a claim. Use the information below to get in touch today and one of our advisors will be able to help you further with your claim. Our lines are open 24 hours a day, every day of the week.
Or use our web contact form.
Learn More About Making A Claim
Here are some useful web links.
Here are some links to other useful claims guides that we have published on this site.
Guide By Wheeler
Edited By Melissa.