Warrington Data Breach Solicitors – Expert Claims Support
This guide relates to claiming compensation for a data breach under the UK General Data Protection Regulation UK-GDPR and Data Protection Act 2018. Within it, you will learn how data breach solicitors for Warrington can help you to make a claim in the right circumstances. If you have been the victim of a Warrington data breach, this guide will provide you with the basic facts you need to know about making a claim. We will look at the data that is protected, and the laws that are in place to facilitate this. Furthermore, you will learn why you could be eligible to make a claim.
Data breach solicitors for Warrington
Please keep in mind though, that we cannot hope to cover every single permutation of circumstances that could lead to a claim. Your own claim will be at least somewhat unique. Therefore, if you do have questions that this guide does not address, our claims line is open 7 days a week, 24 hours a day. Call 0800 073 8804 to speak to one of our expert advisors, or use our web contact form to get in touch.
Select a Section:
- A Guide To Data Breach Solicitors For Warrington
- What Data Breaches Could You Claim For?
- Causes Of Potential Data Breaches In Warrington
- Are Breaches Of Data Privacy Happening More Often?
- What Are The First Steps You Should Take After A Data Breach?
- Calculating Payouts For A Breach Of Data Protection
- What Are No Win No Fee Agreements And Why Use One?
- Talk To Data Breach Solicitors For Warrington
- Learn More Detailed Information About Data Breach Solicitors For Warrington
A Guide To Data Breach Solicitors For Warrington
Can I get compensation for a data breach? In certain circumstances, you could be eligible to pursue a data breach compensation claim. We will be looking at how data breach solicitors for Warrington could potentially assist you in claiming compensation following a data breach.
First, we need to define what is meant by a personal data breach claim. Data security laws look to protect the personal information that organisations/data controllers handle. A data controller is an entity that collects and can process personal data. The data belongs to us and we are known as data subjects. Data protection laws do not cover all data just information that is personal to us and also special category data.
You may think that a cybercriminal is responsible for data breaches however the majority of them happen due to human error. When personal information is accessed or exposed to those who do not have the authority to see it data subjects may be caused psychological injuries such as depression, anxiety or Post-Traumatic Stress Disorder (PTSD). It could be possible to suffer financial loss as a consequence of the data breach.
What Is A Personal Data Breach?
According to the ICO, a personal data breach can happen when personal information is involved in a security incident and is verbally disclosed, accessed, lost, stolen, destroyed or altered unlawfully or accidentally through human error. This can happen through deliberate malicious acts or as we said through an error. It is more than just data being lost.
Your Data That Is Protected
Data breach solicitors for Warrington could be able to help you to make a compensation claim if your personal or special data is exposed to unlawful use or access. Below, we have given a basic overview of what these types of data are.
- Personal data is all unique to you. Some examples would include your card and bank details, email address, phone number, postal address, etc. This is all data that can be used to identify you.
- Special data is all of the information that can be used to find something out about you. Some examples would be your race and religion, your medical records about your genome, membership of trade unions, etc.
How The Law Applies
In order to understand why you might be able to claim compensation for a UK GDPR data breach, you need to know how the law protects you. Organisations in the UK, including government-operated bodies, other public bodies, private companies, medical companies and so on and so forth has to comply with these laws. The primary bodies of legislation related to data privacy and security in the UK, are the Data Protection Act 2018 and the UK version of the General Data Protection Regulation (UK GDPR).
The Information Commissioner’s Office (ICO) is the governing body that polices compliance with these laws. When a data controller fails to adhere to data security laws or allows a breach to take place the ICO has the power to issue large financial penalties. However, they are not in a position to provide data breach victims with compensation.
What Data Breaches Could You Claim For?
Now you know how the law protects specific types of data, we need to look at how these laws can be the basis for a claim. As you now know, organisations that store your data are required to fulfil the requirements of UK GDPR compliance. By doing so, it is proactively taking action that should help to protect your data from unlawful use.
Unfortunately, when employers do not train staff correctly on data security policies or computer systems lack the security to keep out cybercriminals your data becomes very vulnerable. You may be under the impression that cybercriminals are the main cause of data breaches but you may be surprised to know that human error is the major cause for much of personal data being exposed.
In order for data breach solicitors for Warrington to be able to help you to make a claim, you must be able to show that the organisation did (or failed to do) something that exposes your data. And that this exposure caused you financial loss, personal harm, or both. In such a case, a team of data breach solicitors may be able to help you to get compensation.
Causes Of Potential Data Breaches In Warrington
There are a vast number of ways that a breach of data protection could happen. However, many data breaches are caused by simple mistakes. Below, we have provided some example scenarios of how your data could be breached.
- Either paper-based records or digital storage devices are disposed of, and the proper guidelines for doing so safely are not followed.
- Lost or stolen devices containing your personal data.
- When somebody is sending an email to multiple recipients, your email address is exposed because they failed to use the BCC box.
- Your information should have been redacted from a document before it was circulated but wasn’t.
- Personal data is either faxed or posted to the wrong person.
- Your data is emailed to a recipient who does not have the authorisation to read it.
In each example, data breach solicitors for Warrington may be able to help you to make a claim for data breach compensation. However please remember that the data controller will need to be proven liable for the breach in order to claim. If the data controller took all necessary steps to protect this information a claim is less likely.
Are Breaches Of Data Privacy Happening More Often?
The ICO makes data related to the cause and frequency of data breaches available to the public. We used some of this data to make the graph you can see below. It visualises the cause and number of non-cyber security-related data incidents for the second fiscal quarter of 2021/22.
What Are The First Steps You Should Take After A Data Breach?
What can I do if my data has been breached? Before reaching out to data breach solicitors in the UK, there are a couple of things you can do to help yourself. The first of these is to get in touch with the organisation you think has suffered a data breach. It is your right to be informed if your personal data has been put at risk.
How do you report the data breach? If you would like the ICO to investigate the data breach you can contact them. They may ask that you contact the organisation first. For them to investigate the data breach your last meaningful communication about it will have to have happened within the last three months. Otherwise, it is unlikely that the ICO will investigate the issue.
However, you are free to move straight on to using data breach solicitors for Warrington to make a compensation claim if you wish. Although having a solicitor is not necessary they will know expertly how to file your case correctly so that you receive the right amount of data breach compensation.
Calculating Payouts For A Breach Of Data Protection
If your data breach case against the data controller is successful you can claim two types of separate damages. These are material damages for the financial losses you have experienced because of the data breach. While non-material damages look to provide compensation for the mental suffering that has been caused.
When it comes to calculating payouts for a breach of data protection, each claim has its own unique circumstances. Therefore, there is no easy way to give an average figure. However, the table below gives examples of non-material damages, paid for physical or psychological harm. This table was based on guidelines from the Judicial College that legal professionals use when calculating injury values in personal injury cases.
| Mental Health | Severity? | More Data | Compensation Possible | |||
|---|---|---|---|---|---|---|
| PTSD | Severe | The claimant will not return to pre-trauma state. All aspects of the claimant’s life will be negatively affected. | £56,180 to £94,470 | |||
| PTSD | Moderate to severe | Moderate to severe cases of post-traumatic stress disorder that can significantly affect your quality of life. Professional help will be needed. | £21,730 to £56,180 | |||
| PTSD | Moderate | Cases of moderate post-traumatic stress disorder that may have an adverse effect on your quality of life. After treatment, symptoms will not be major. | £7,680 to £21,730 | |||
| PTSD | Less severe | Less severe PTSD that causes your life quality to suffer for some time. Even after treatment, there may still be some symptoms. | £3,710 to £7,680 | |||
| Psychological Injuries | Less severe | Recovery is likely to happen in 2 years. | £1,440 to £5,500 | |||
| Psychological Injuries | Severe | Severely affected – all aspects of life will be negatively affected. A recovery is unlikely. | £51,460 to £108,620 | |||
| Psychological Injuries | Moderate to severe | The prognosis is much more positive than above if professional help is sought. | £17,900 to £51,460 | |||
| Psychological Injuries | Moderate | A good recovery is expected any remaining symptoms will not be grossly disabling. | £5,500 to £17,900 |
Material Damages Explained
The table above is solely related to non-material damages. However, you may also be able to claim for material damages. These are material damages related to a data protection breach.
- Lost income, if dealing with the data breach required you to take time away from work, and you did not receive your full pay for this or had to use leave days.
- To recoup losses caused by fresh debt taken out in your name by a cybercriminal. Cash loans, for example, were applied for using your identity.
- To pay for any private therapy you went through, that you paid for yourself.
- To cover ad-hoc costs encountered while dealing with the data breach or your claim.
What Are No Win No Fee Agreements And Why Use One?
You might be able to use data breach solicitors for Warrington working under a No Win No Fee agreement. This is also known as a Conditional Fee Agreement (CFA). When you use No Win No Fee data breach solicitors, you don’t have to pay an upfront solicitor fee or retainer to your lawyer, or any lawyer’s fees while the claim is being resolved. And if the claim is not won, your lawyer won’t ask to be paid any fee at all.
If the claim is a success though, your lawyer will ask to be paid a success fee. The amount of this fee, as a percentage of the claim value, is limited by law and will be agreed upon with you before the claim starts.
Talk To Data Breach Solicitors For Warrington
Do you need help making a claim for a data breach? If so, we can provide you with data breach solicitors covering Warrington claims to help you do so. Contact our team any time of the day or night, 7 days a week, using the info below.
Telephone: 0800 073 8804
Email: info@legalexpert.co.uk
Or use our web contact form.
Learn More Detailed Information About Data Breach Solicitors For Warrington
Here are links to other useful guides.
Claiming For The Stress Of A Data Breach
A General Guide To Data Breach Claims
Claiming For A Data Breach Against Your Employer
And here are some useful websites.
Data Breaches Survey From 2021
Guide By Wheeler
Edited By Melissa.
