Trafford Data Breach Solicitors – Expert Claims Support
How could data breach solicitors covering the Trafford area help you after a problem with your personal information? Have you suffered an issue with disclosure or accidental access to your data in a way that resulted in you being harmed either financially or emotionally? This article can help.
In the UK, new laws regarding data privacy have recently been introduced that allow those who supply their personal information a lot more say over how it may be handled. We discuss these laws in detail. Furthermore, we look at how a breach by those entrusted with personal data could mean you are entitled to compensation. We look at what causes leaks in personal information and why data controllers, those who handle our personal data, must ensure they keep it safe.
Our aim is to explain how compensation can be calculated using two types of damages. Also, how a No Win No Fee personal injury lawyer could help you right now. You get in touch on 0800 073 8804 or email us at Legal Expert. If you’re ready to seek restitution for the damage caused because your data was not protected correctly call our claims team today. You can also access impartial and free legal advice by using the ‘live support’ option below.
Select a Section
- A Guide On How Data Breach Solicitors For Trafford Could Help You
- What Is A GDPR Data Breach?
- How Do Data Breaches Happen?
- Why Are Data Breaches So Common?
- Could Legal Expert Help Me With A Data Protection Breach Claim?
- How Much Is An Individual Data Breach Worth?
- Do Data Breach Solicitors For Trafford Handle Claims On A No Win No Fee Basis?
- Get Advice From Data Breach Solicitors For Trafford
- Expert Resources
Stolen funds, an alarming increase in emails or unwanted post, in serious cases, your identity used by another, can all be signs that your data has been breached. Data breach solicitors for Trafford claims could help you receive the compensation to put all these issues right.
After the introduction of new laws that tighten up the use of our personal data, it can be possible to start a claim for compensation against a party who allowed it to be breached. We look at types of damages that are used to calculate a potential sum, referred to as ‘material’ and ‘non-material’ damages.
These relate to financial or health impacts caused by the data breach incident and it’s now possible to claim for them both. In addition, we look at the time scales for making a claim like this and how to get your data breach compensation claim started within time.
If you can prove positive wrongful conduct on the part of the data controller that allowed your personal information to be breached then you could have a valid claim. Speak with our team today to see how you can assemble an effective case with data breach solicitors for Trafford compensation claims.
Before we examine what a data breach is, it’s important to define exactly what is classed as personal data and who can legitimately use it. Below we look at definitions of concepts that are used when talking about data privacy law;
- Data Controllers – the original agency, company or public body that handles personal data.
- Data Processors – this refers to agencies either inside or outside of the controller’s purview who process, store or transport the data as directed.
- Data Subject – a person whose personal information is used.
- Personal Data – information that can directly or indirectly identify a person.
As the internet grew, it was recognised that data handling procedures permitted an alarming level of potential abuse. An independent organisation called the Information Commissioner’s Office (ICO) was tasked with enforcing data privacy laws and instructing data users on how to safeguard against these abuses.
Data-breach-solicitors for Trafford
In 2018 The European Union introduced the EU General Data Protection Regulation GDPR. This was enacted into UK law through the Data Protection Act 2018 DPA. Since the United Kingdom has now left the rulings of the EU the Data Protection Act 2018 has been updated and runs alongside our own version UK GDPR.
The Information Commissioner’s Office defines personal data as anything that can be used to identify you as a ‘natural person’ and that a breach can be the:
- Unlawful or accidental loss of your personal data
- The unauthorised access or sharing
UK GDPR compliance requires much greater care by data controllers to protect the personal data that data subjects supply to them. If the ICO consider that a company has not been robust in its cyber-defence or data security, that company can face significant penalties. To make it easier for companies to implement these new laws, the GDPR has identified 7 core principles.
Data breaches can be the result of online cybercriminals and hackers. These individuals or groups trawl the internet looking for personal data. Once they infiltrate and steal this information, they can use it for fraudulent purposes. However, the greatest threat to personal data is human error. Accidents and oversights are one of the main causes of data breaches.
The ICO collect and record reports of data incidents. Non-compliance or no data awareness training could lead to the following;
- Data that was emailed to the wrong person
- Information posted or faxed to the incorrect recipient
- A failure to redact information before sharing
- A failure to use the ‘Bcc’ privacy option in emails
- Loss or theft of paperwork
- Incorrect disposal of paperwork or hardware
- Casual or unguarded conversations
- Laptops and smartphones left exposed
- Paper documentation shared inappropriately
It’s essential that companies do all they can to ensure staff are alert and IT defences work. Furthermore, if a data controller becomes aware that a data breach has occurred affecting a data subjects rights and freedoms that they report this to the ICO no later than 72 hours but they let the data subject know without undue delay.
According to the Cyber Breaches Survey 2021 statistics, charities and businesses who took part in the survey reported the following;
- Four in ten businesses (39%) had been affected by a cyber breach or attack in the last 12 months.
- One in four charities (26%) had been affected by a cyber breach or attack in the last 12 months.
Around a quarter (27% of businesses and 23% of charities) who suffered attacks or breaches claim they have experienced this type of incident at least once a week.
Common events include:
- Phishing attacks (for 83% and 79% respectively)
- Impersonation (for 27% and 23%)
It can be possible to suffer Ransomware, password guessing, recording keystrokes, Malware or virus and distributed denial of service (DDoS) attacks. All these types of encroachment can result in your personal data falling into the hands of criminals.
To have a valid data breach compensation claim you must be able to demonstrate how a data controller did not protect your personal information as they should have. If an organisation did all they could to keep this data safe a claim is unlikely.
All companies at the very least need to ensure that their staff are properly trained and that they take responsibility for data handling. Whilst human error can never be fully factored out, if proper adherence to GDPR law is in place, it can be greatly minimised.
You may discover the data breach yourself. It’s possible that you may hear about it from other affected family or friends. There are some practical steps that you can take:
- Firstly, the ICO recommends reporting the breach to the company you believe is responsible and ask them to explain what data has been exposed. They may offer a compensation settlement which you are free to accept or decline.
- Await no longer than 3 months to hear a meaningful response from them.
- If they fail to give a response, you can ask the ICO to investigate by using this document about personal information concerns.
- It’s important to remember that the ICO may not choose to get involved.
- Additionally, as the victim of a data breach, you can seek independent legal advice about making a claim, (you do not need to have complained to the ICO to claim compensation)
Speak to our team to discuss your options regarding data breach solicitors for Trafford claims. You could access the right information to put together a much stronger claim. Acting on the instruction of a data breach specialist could be appropriate to ensure that you are compensated correctly. As you can only make one claim for a data breach, it’s essential to include every aspect of it.
Starting a data breach claim has a time scale under the Limitation Act 1980 Section 2 of 6 years. If the data breach has impacted you because of the actions of a public body, that period reduces to 1 year. There is no time limit on how long a case can take to settle, so with this in mind, speak to our team today to commence your request for damages comfortably within the limit.
A data breach compensation claim depends on the validity of the evidence presented. This can be approached from two areas where the incident may have impacted you – your health and your finances. Skilled data breach lawyers can include and predict the damages caused to you in either or both of these ways after a precedent was set by the following case Google v Vidal-Hall. After this case, it was decided that emotional anguish can be acknowledged in data breach claims like in personal injury cases even if no financial losses were caused.
Medical evidence with help from data-breach-solicitors for Trafford
You may need to have an independent health assessment. The findings of this can support your claim that the data breach experience left you feeling:
A lawyer can refer to the Judicial College guidelines to compare your injuries with those listed in this publication. The excerpt below shows bracket figures for mental suffering.
|injury||severity||Judicial College Guidelines award bracket||notes|
|Psychiatric damage||(a) severe||£51,460 to £108,620||poor prognosis and marked coping problems in multiple areas of normal life|
|Psychiatric damage||(b) moderately severe||£17,900 to £51,460||better prognosis but still significant problems coping with stress or normal challenges|
|Psychiatric damage||(c) moderate||£5,500 to £17,900||marked improvement after counselling|
|Psychiatric damage||(d) less severe||up to £5,500||impact on sleep or short duration phobias|
|Post-traumatic stress disorder (PTSD)||(a) severe||£56,180 to £94,470||permanent effects that prevent work or functioning at anywhere near pre-trauma level|
|Post-traumatic stress disorder (PTSD)||(b) moderately severe||£21,730 to £56,180||a better prognosis than above after professional help|
|Post-traumatic stress disorder (PTSD)||(c) moderate||£7,680 to £21,730||largely recovered without any grossly disabling effects|
|Post-traumatic stress disorder (PTSD)||(d) less severe||up to £7,680||virtually full recovery within 1 - 2 years with only minor symptoms persisting|
It’s important to remember that compensation awards are not guaranteed. However, if you work with a data breach specialist they can advise on eligibility and likelihood of success at the start. In the above table, we look at non-material damages. This is mental harm caused by the breach. But below we are considering material damages, financial losses, the breach has caused.
Evidence is key. So with the correct information in the form of receipts, bills and invoices, it can be possible to acknowledge financial issues created by the incident.
The claim could include;
- Time away from work -lost income
- The expense of changing all technology devices
- Child care arrangements or emergency needs
- Increased security at home
- Costs of psychotherapy for stress etc
Acting upon the guidance of a data breach solicitor could help you uncover evidence from areas of your life you had not even considered. Expertise and legal knowledge can directly benefit the calculation amount.
No Win No Fee data breach solicitors for Trafford compensation claims will want to ensure that you have a valid case before they take on your claim. This is because they face the most financial risk as they will not receive any payment if your case losses. Should they agree to take on your case they will send a Conditional Fee Agreement. This is signed by both you and the solicitor. It will state if your claim fails, there are no solicitor fees to cover.
However, if the claim is won you would pay a success fee. Furthermore, another benefit is that a successful case outcome means that you only need to pay a small percentage of the settlement to the data breach lawyers as their fee. This is capped and ensures that claimants always receive the bulk of any award given.
Get help from a No Win No Fee data breach specialist today.
- Call us on 0800 073 8804
- Or email us at Legal Expert
- In addition to this, you can use the ‘live support’ option at the bottom of this screen.
Below we offer further reading guides that explain areas of personal injury and how you can seek compensation. Please do not hesitate to get in touch if you need any further information:
- Help with accident at work claims
- Do you need to find out more about clinical medical negligence?
- Perhaps you need to find out about your compensation rights for a slip or trip claim against the local authority?
- In addition to this, we can offer guidance on car accidents
- Furthermore, you can read advice about being cyber aware
- Also, you can read more about practical ways to keep your IT systems safe
Finally, we want to thank you for reading this guide about data breach solicitors for Trafford claims.
Guide By Waters
Edited By Melissa.