Sheffield Data Breach Solicitors – Expert Claims Support
This guide will show you how data breach solicitors for Sheffield can help if you’ve been affected because of data protection failures. The General Data Protection Regulation (GDPR) came into effect when the Data Protection Act 2018 was enacted. Following the UK’s departure from the EU, the DPA has now been updated and runs alongside the UK GDPR.
Any organisation that processes personal data must now abide by these new laws to try and keep that information as safe as possible. If they break the rules, the Information Commissioner’s Office might intervene and could issue a substantial fine if rules have been broken. A data controller is often an organisation that handles personal data whereas a data subject is a person who supplies their own personal information.
Additionally, to seek compensation you must determine why the data controller failed to protect your personal information. Not all data breaches will mean a data subject affected can claim. A data breach solicitor could make the process easier and improve the chances of compensation being paid.
We can help with data breach compensation claims as we provide free legal advice and a no-obligation case review. After your consultation, you could be referred to one of our data breach solicitors covering Sheffield if we believe you have a strong case. If they agree to support your claim, you’ll benefit from their No Win No Fee service. They could help you to claim for any psychological injuries you’ve suffered as well as any money you’ve lost due to the breach.
To start your claim today, please use live chat or call our team on 0800 073 8804 today. To learn more about how data breach claims solicitors work before calling, please read on.
Select a Section
- Our Guide On Data Breach Solicitors For Sheffield
- What Is A Personal Data Protection Breach?
- How Does A Data Breach Occur?
- How Often Do Data Breaches Happen?
- Do I Need A Solicitor To Pursue A Data Protection Breach Case?
- Could I Get Damages For A Data Protection Breach?
- Explaining What No Win No Fee Data Breach Solicitors For Sheffield Could Do
- Get Advice From Our Data Breach Solicitors For Sheffield
- Where To Learn More About How Data Breach Solicitors For Sheffield Could Help You
Our Guide On Data Breach Solicitors For Sheffield
In this article, we’re going to examine how data breach solicitors for Sheffield claimants could pursue a case if you’ve suffered because a data controller failed to adequately protect your personal information. We’ll explain what data breaches are, how they can happen, the harm they can cause and when you could claim data breach compensation.
If you make a successful data breach claim against a data controller i.e. an organisation that allowed your data to be leaked you could be able to claim material and non-material damages. Material damages award compensation based on monetary losses and non-material damages compensate for mental harm caused by anxiety, stress or depression.
If you are unsure whether you have a valid data breach claim or have any questions whilst reading, please speak to one of our advisors. Our advice line and live chat feature are both open 24-hours a day.
What Is A Personal Data Protection Breach?
Before looking at what data breaches are, we’re going to review some key UK GDPR terms. They include:
- Data controller: Organisations that want to use your personal data.
- Personal data: Information that can be used to identify a data subject directly or indirectly.
- Data subject: Identifiable or identified individuals i.e. you.
- Data processors: An individual or organisation that processes data on behalf of the data controller.
So, what is a personal data breach? Well, the UK GDPR explains that they happen following some form of security incident and lead to personal data being accessed, lost, changed, destroyed or disclosed without a lawful basis. They can happen because of deliberate, accidental or illegal actions.
If you want to make a compensation claim, you’ll need to show that the breach was only possible because of the organisation’s actions or failure to act. For example, if a company was hacked because they hadn’t installed a firewall, a data breach claim might be possible due to their failure to secure personal data.
As mentioned earlier, claims are only possible if the data breach has caused you to suffer. You are allowed to claim for mental harm (psychological injuries) and/or financial losses. We can provide data breach solicitors for Sheffield claims so why not call today if you’d like to check your options?
How Does A Data Breach Occur?
To give you some idea of how data breaches can occur, we’ve supplied a list of examples below. This list is not conclusive but should give you some idea of how data breaches have the potential to leak your data. The examples include:
- Where paperwork or electronic devices containing personal data are lost or stolen and not password protected.
- If an email that can identify somebody is sent to the wrong email address.
- Where an author fails to redact personal data before sending a report.
- If documentation is posted or faxed to the wrong recipient.
- Where electronic devices or paperwork ends up in the wrong hands because they weren’t securely destroyed.
- If an email is sent to multiple people without using the BBC field.
Again, these actions might make you eligible to claim if they a) contained your personal data and b) caused you to suffer mental and/or financial harm. We are able to provide data breach solicitors for Sheffield claims so please get in touch if you’re ready to claim.
How Often Do Data Breaches Happen?
In this section, we have provided a graph of non-cyber security data breaches reported to the ICO for the period 1st July to 30th September 2021.
Do I Need A Solicitor To Pursue A Data Protection Breach Case?
So, if you are harmed by a data breach, what do you need to do? Well, if you decide to make a claim, you’ll need some evidence that the breach took place. Importantly, when an organisation finds out that they’ve been affected by a data breach, they should let anybody whose rights have been affected know about it. Therefore, any letter or email you receive confirming a breach could be used as evidence during your claim.
If you suspect a data breach has taken place or you require more information about the breach you can;
- Get in touch with the organisation and ask how the breach was caused and what of your personal information was breached.
- Await their response and escalate your complaint further if you don’t agree with the outcome.
- Where you exhaust all other possibilities and within 3-months from when you last heard anything, you could contact the ICO and ask them to investigate.
If the ICO investigate and find that a breach has taken place they could issue a fine but they can not provide you with compensation.
At any point in the process listed above, you can begin your own legal action. Having a solicitor pursue your case for you is not mandatory. However, data breach claims can be complex and once your case is settled you can not go back and ask for more.
We could connect you with a data breach solicitor for Sheffield breaches who might be able to reach a settlement on your behalf. If the organisation accepts liability for your suffering, data breach compensation could be awarded within 6 to 9 months. Therefore, why not call our team to find out more today?
Could I Get Damages For A Data Protection Breach?
As we have mentioned above if your data breach claim is successful you can be awarded up to two types of damages. :
- Material damages. This is where you seek compensation for any costs, expenses or financial losses caused by the data breach. For example, your bank details were leaked in a data breach caused by a failure to protect the information and money was taken from your account.
- Non-material damages. This element of your claim is based on any mental suffering that has been caused by the data breach. For example, claims could be made if you have suffered from depression, anxiety or even Post-Traumatic Stress Disorder (PTSD).
To give you some idea about how much compensation might be paid for non-material damages, we have provided the following compensation table. It uses data from the Judicial College as the same figures are used by courts and data breach lawyers to help determine settlement amounts in personal injury claims.
|Claim Type||Severity Level||Settlement Bracket||Additional Notes|
|Psychiatric Damage Injuries||Severe (a)||£51,460 to £108,620||Treatment is unlikely to help, the claimant will be vulnerable and they'll struggle to manage relationships. As such, a very poor prognosis will be offered.|
|Psychiatric Damage Injuries||Moderately Severe (b)||£17,900 to £51,460||The prognosis will be more optimistic than above but with very similar levels of suffering initially.|
|Psychiatric Damage Injuries||Moderate (c)||£5,500 to £17,900||The prognosis here will be good and a number of marked improvements will have occurred.|
|Psychiatric Damage Injuries||Less Severe (d)||£1,440 to £5,500||This category is based on how long the claimant suffered for.|
|Post-Traumatic Stress Disorder||Severe (a)||£56,180 to £94,470||The claimant will suffer permanently with PTSD and their symptoms will affect all aspects of their life.|
|Post-Traumatic Stress Disorder||Moderately Severe (b)||£21,730 to £56,180||Significant PSTD symptoms that should improve with professional help.|
|Post-Traumatic Stress Disorder||Moderate (c)||£7,680 to £21,730||The claimant should recover. Any ongoing symptoms will not cause too much impact.|
The severity of your suffering is a key factor in any claim. Therefore, during the claims process, you will be asked to attend a medical assessment. This can usually be arranged locally with an independent medical expert. They will discuss how you’ve been affected, review your medical notes and prepare a report. This will set out a prognosis and consider whether you’ll continue to suffer in the future.
Explaining What No Win No Fee Data Breach Solicitors For Sheffield Could Do
We understand that nobody wants to lose money by paying solicitor’s fees and then losing their claim. For that reason, our data breach solicitors work on a No Win No Fee basis for any claim they handle. This shifts the element of risk from the claimant to the solicitor. For that reason, they can only take on claims with a reasonable chance of success. Therefore, during your initial consultation, the solicitor will try to establish whether:
- A data breach took place involving your personal data; and
- The defendant’s actions, in some way, allowed it to happen; and
- You endured mental harm or suffered financially as a direct result of the data breach.
If your solicitor agrees to represent you, their work will be funded by a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement that means your solicitor is only paid for their work if you are compensated. The CFA will explain that there is a success fee payable if your case is won which is deducted from your compensation. The success fee is a percentage of your settlement that is capped by law to stop you from being overcharged.
The last thing your solicitor will need to check is whether you’re claiming within the scope of the Limitation Act 1980. This sets out how long you have to claim. This is important because some data breach claims have 6-years to be made whilst others have just 1-year.
Get Advice From Our Data Breach Solicitors For Sheffield
We have now completed our guide on finding data breach solicitors for Sheffield claims. We are ready to help and you can contact us by:
- Calling our free advice line on 0800 073 8804.
- Emailing firstname.lastname@example.org to tell us why you’d like to claim.
- Use live chat to discuss your options.
- Enquire online so that we can call you back.
To find out more about us, please head to our reviews page.
Where To Learn More About How Data Breach Solicitors For Sheffield Could Help You
In this final part of our guide, we have linked to some additional resources that you may find useful:
PTSD Symptoms – NHS advice on the main symptoms of Post-Traumatic Stress Disorder.
Recent ICO Action – A list of recent enforcement orders and fines issued following ICO investigations.
Accessing Your Medical Records – Details on how to request medical records from the NHS.
Claiming For Stress – Information on how to claim if a data breach has resulted in stress.
Bank Data Breaches – Guidance on your rights if your bank exposes your personal information in a data breach.
Reporting Data Breaches – Our guide on when and how to report data breaches.
Thanks for completing our guide on finding data breach solicitors for Sheffield data protection breach claims.
Guide By Hambridge
Edited By Melissa.