Sefton Data Breach Solicitors – Expert Claims Support
Data breach solicitors in Sefton could help if you have been affected by your data being exposed. But did you know you can use data breach solicitors from anywhere in the country to make claims for data breach compensation? As we progress, you’ll learn what can cause data breaches and the harm they can cause. Luckily, this country has some of the strongest data protection laws in the world.
The GDPR (or General Data Protection Regulation) was introduced with the Data Protection Act 2018 (DPA) while we were still in the EU. Since then, the DPA has been updated and the GDPR has transitioned to the UK GDPR. Any organisation that is found to break these new laws might be punished by the Information Commissioner’s Office (ICO). Unfortunately, the ICO cannot issue data breach compensation to individuals harmed by breaches. Therefore, this guide has been written to show how to take action yourself.
We can support you if you are contemplating taking legal action. Moreover, our team provide a no-obligation case review along with free legal advice. Following that, we could appoint one of our data breach solicitors to your case if there is a reasonable chance of success. Your claim could be based on financial losses or any psychological injury caused by a breach. Our solicitors offer a No Win No Fee service for any claim they accept. That means you don’t pay their fees unless you are paid compensation.
If you are interested in making a Sefton data breach claim, why not get in touch today? Our team can be contacted on 0800 073 8804. Alternatively, to learn more about when data breach claims can be made, please continue reading.
Select a Section
- Data Breach Solicitors For Sefton Explained
- What Are Breaches Of Data Protection Rules?
- How Was Your Data Privacy Breached?
- How Often Do Data Privacy Breaches Occur?
- What Action Can You Take If Your Data Privacy Was Breached?
- Calculating Payouts For Data Breaches
- Do Data Breach Solicitors For Sefton Work Through No Win No Fee Agreements?
- How To Claim With Data Breach Solicitors For Sefton
- Resources About Data Breach Solicitors For Sefton And Damages Claims
Data Breach Solicitors For Sefton Explained
You can use our data breach solicitors for Sefton claims. Therefore, in this article, we’re going to explain what problems data breaches could cause, how they can happen and when data breach compensation might be claimed.
When you think about data breaches, you may think of hackers trying to steal your money. However, while it might be possible to claim for any financial losses, you could also be compensated if you suffered due to stress, depression or anxiety as a result of the breach.
Before we continue, we’d like to explain some important terms that you might hear mentioned concerning data security. They include:
- Data subject. This is an individual i.e. whose data has been processed by an organisation.
- Personal data. Relates to any form of information that could make it possible for a data subject to be identified.
- Data controller. An organisation that wants to process personal data for some reason.
- Data processor. Anybody who processes personal information on behalf of the data controller.
What Are Breaches Of Data Protection Rules?
Now that we’ve explained what personal data is, let’s look at what data breaches are. According to the ICO, security incidents that result in personal data being accidentally or unlawfully lost, destroyed, altered, accessed or disclosed are classed as personal data breaches.
You can only claim data breach compensation if it can be proven that the breach occurred because of actions taken (or not taken) by the data controller. Where they are able to demonstrate adequate security measures were in place, you won’t be able to seek compensation.
On top of that, you will also need evidence that the breach caused you to suffer. For example, you could claim if an avoidable data breach caused you to suffer an injury such as a psychological injury or financial losses. This could be the case if the breach caused embarrassment, anxiety or distress. Similarly, you could claim if you’ve incurred costs because of the breach.
How Was Your Data Privacy Breached?
There are numerous ways in which data breaches can occur. They can be caused by accidental, deliberate or illegal actions. So to hold a valid data breach claim the onus is on you the data subject to prove that the data controller/organisation did not do all they could to protect your identifiable information.
Examples of how data breaches can occur include:
- If staff with no business reason lookup details about friends, relatives or colleagues.
- Should personal correspondence be emailed, posted or faxed to the wrong recipient?
- Where the BCC field is not used in multiple-recipient emails.
- If a cyberattack results in personal data loss.
- Where devices containing personal data are left in insecure locations.
- When online reports contain unredacted personal data.
- Where personal data is lost during a GDPR breach and backups are not available.
As mentioned above, these scenarios won’t automatically mean you’re eligible for data breach compensation. As well as proving how the liable party allowed the breach to occur, you’ll also require evidence to show that it caused you to suffer financial and/or mental harm.
How Often Do Data Privacy Breaches Occur?
In this section, we’ve included a graph showing data security incidents reported to the ICO in the second quarter of 2021/22. These figures relate to non-cyber security incidents such as loss of paperwork.
To provide a local context, let’s look at a news report of a data breach in Sefton. In the report, Sefton Primary Care Trust (PCT) is said to have sent details about 1,800 staff to four outsourcing companies.
The information was sent as part of a tendering process for work required by the PCT. The data included information about pension arrangements, salary levels and also National Insurance details. As this information could help to identify staff, it is covered by the Data Protection Act 2018.
The chief executive of the PCT said that the details had been wrongly attached to a spreadsheet sent to the outsourcers.
What Action Can You Take If Your Data Privacy Was Breached?
When data breaches are identified, the organisation responsible must write to you if your rights have been affected. Any correspondence of this nature could be used as evidence to support your claim. Therefore, we’d suggest keeping a copy in a safe location. However, you could still take action if you’re not informed about a breach. There are several steps you could take that could help including:
- Complaining formally to the organisation. Explain that you believe a breach has occurred and that you’d like them to investigate.
- If you do not agree with their response, you should escalate the complaint where possible.
- Within three months of your last update, you could also ask the ICO to investigate. If they do, the report they produce could shed light on what happened and if your personal data was involved.
You could speak to us to see if you have the grounds to complain without an ICO investigation. It is possible, in some cases, for an amicable agreement to be reached. If one of our data breach solicitors takes on your case, they’ll review what’s happened. They’ll then let you know the best way to proceed.
Calculating Payouts For Data Breaches
Two types of damages could result in data breach compensation. They are:
- Material damages. This part of your claim will focus on any expenses, losses or costs incurred due to the GDPR data breach.
- Non-material damages. This is where you’ll seek compensation for any psychological injuries you’ve suffered because of the breach. Depression, anxiety and Post-Traumatic Stress Disorder are all examples of harm that could be claimed for.
The table below uses data from the Judicial College guidelines (JCG) to provide compensation ranges for some different injuries. However, the table only includes non-material damages. When solicitors and insurers settle claims, they’ll use the same JCG data.
|PTSD||Severe (a)||£56,180 to £94,470||The claimant will probably suffer permanent symptoms. Life in general, work and relationships will all be affected.|
|Moderately Severe (b)||£21,730 to £56,180||In this category, the claimant will suffer significantly but with professional help, some improvement should be achieved.|
|Less Severe (d)||Up To £7,680||In less than 2-years, an almost complete recovery will be seen.|
|General Psychiatric Damage||Severe (a)||£51,460 to £108,620||Work, relationships and life in general will all be affected. The claimant will remain vulnerable as treatment is not likely to improve symptoms.|
|Moderately Severe (b)||£17,900 to £51,460||There will be a better chance of recovery than above but with similar suffering initially.|
|Less Severe (d)||Up To £5,500||This category will assess how long daily activities were affected.|
The level of award will be largely based on the severity of your injuries. Therefore, an independent medical assessment will be needed as part of the claims process. During your appointment, a medical specialist will discuss how you’ve suffered. They could also refer to your medical records. After the meeting has ended, they’ll prepare a report for all parties involved in the claim. This will set out your prognosis and list the injuries you’ve suffered. To avoid excessive travel, our solicitors can usually book these appointments locally.
Do Data Breach Solicitors For Sefton Work Through No Win No Fee Agreements?
We could appoint our data breach solicitors for your Sefton claim. To reduce your financial risk and the stress involved in hiring a solicitor, they’ll work on a No Win No Fee basis if your claim is taken on. Unfortunately, that does mean that not all claims can be accepted. Before taking on your claim, a solicitor will need to verify that:
- Your personal data was in fact part of a GDPR data breach; and
- The data controller’s actions or lack of actions contributed to the breach; and
- As a result, you suffered either financial or mental harm (or both).
Additionally, they will check whether you are claiming within the allowed time limits. For some data breach claims, a 6-year limitation period is allowed. For others, it’s just 1-year. As a result, we’d suggest that you enquire about claiming as soon as possible.
If the solicitor agrees to represent you, they’ll send you a Conditional Fee Agreement (CFA). This is the type of No Win No Fee agreement they use to fund their work. It will show you what conditions need to be met before you’ll pay for your solicitor’s services. Essentially, no payment will be required for your solicitor’s work if you are not compensated.
Where the claim is won, a success fee will be deducted from your compensation. This is a set percentage of your award that will pay for your solicitor’s work. Legally, success fees are capped so that you can’t be charged too much. With CFA’s, the maximum success fee percentage is 25%.
How To Claim With Data Breach Solicitors For Sefton
You have almost completed this guide on claiming for a Sefton data breach. All that’s left to say is that if you’d like to discuss your options, you can contact us by:
- Calling our advice centre on 0800 073 8804.
- Asking for a call back by using our online claims form.
- Connecting with an online specialist via our live chat function.
- Sending an email to email@example.com.
We are proud to support our clients throughout the claims process. To see what they think about our services why not visit our reviews page.
Resources About Data Breach Solicitors For Sefton And Damages Claims
If You Suspect A Sefton Council Data Breach This Guide May Help – Explains the claims process if a data breach by a local authority has caused you to suffer.
Report A Data Breach – Further advice on how to report a suspected data breach.
School Data Breaches – A guide on claiming if a school data breach has harmed you.
Your Right Of Access – Information on how to request a copy of any personal data a company holds about you.
Anxiety UK – This UK charity helps people who are affected by anxiety disorders.
Be Data Aware – An ICO article about how to keep your personal data as safe as possible.
Thanks for reading our article about choosing data breach solicitors for Sefton compensation claims.
Guide By Hambdridge
Edited By Melissa.