This article provides accidental data breach examples to help you understand how a personal data breach could occur. You may be reading this because you were notified by an organisation that your personal information has been involved in a data security incident.
Accidental data breach examples & claims guide
If a personal data breach has caused you harm, you may be able to claim compensation. In this guide, we will explore what makes an eligible personal data breach claim, along with accidental data breach examples.
We will also discuss personal data breach compensation and how legal professionals calculate the value of valid claims.
Finally, we will explain how our panel solicitors could aid you in making your claim. Our advisors are here to help, and they can answer any further questions you may have about making a personal data breach claim. To get in touch:
- Call our team on 0333 241 2521
- Make a claim online
- Or chat through the live support option below
Choose A Section
- Accidental Data Breach Examples – A Guide To Claiming For A Data Breach
- Accidental Data Breach Examples – How Could A Data Breach Occur?
- What Evidence Could Be Used In A Data Protection Breach Claim?
- What Potential Data Breach Payout Could You Receive?
- How Can No Win No Fee Data Breach Solicitors Help You Claim?
- Learn More About Accidental Data Breach Examples
Accidental Data Breach Examples – A Guide To Claiming For A Data Breach
There are two main pieces of legislation that protect the data rights of UK residents. The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) detail the legal obligations and conditions that all organisations must meet when collecting and processing your personal data.
A data controller decides the purposes of collecting your data and how they intend to use it. They are also responsible for establishing a lawful basis. The data processor then follows the controller’s instructions to process the data.
A personal data breach can be defined as a security incident that impacts the availability, integrity and confidentiality of your personal data. Any information that can identify you, alone or in conjunction with other information, is personal data.
The Information Commissioners Office (ICO)
Data protection rights are enforced by an independent body called the Information Commissioners Office (ICO). They can investigate and issue data breach fines against those organisations that fail to process data properly.
Read on to find accidental data breach examples, or get in touch with our advisors to start your claim.
Accidental Data Breach Examples – How Could A Data Breach Occur?
Not every breach of data protection will allow you to make a claim. This is because in order to make a valid claim, the breach must result from the failings of the data controller or processor, and you must also suffer harm.
With this in mind, accidental data breach examples can include:
- Verbal disclosure: For example, your employer could verbally disclose your disciplinary information from your disciplinary records over the phone without conducting any security checks.
- Misdelivery: An example of data misdelivery could be an online retailer emailing a receipt that contains banking information to the wrong email address.
- Lost devices: An accountant data breach could occur if your accountant loses a device, such as a laptop or hard drive that contains your tax information.
Organisations should also ensure that they apply adequate cybersecurity measures. If they fail to do so, this may leave them vulnerable to cyberattacks, which could lead to a database data breach.
If you have suffered harm due to a similar situation as the accidental data breach examples above, get in touch with our team to see if you can claim. Or, read on to learn more about making a personal data breach claim.
What Evidence Could Be Used In A Data Protection Breach Claim?
When making a personal data breach claim, it can be helpful to gather evidence that could help you strengthen your case. You can do this by yourself or with the help of a data breach solicitor.
Some examples of evidence that you could gather can include:
- Medical records that detail the extent of the psychological harm you suffered as a result of the breach, including medical conditions such as anxiety or depression.
- Bills, receipts, or credit score reports that detail the financial harm caused by the breach.
- Correspondence from the organisation responsible, such as a data breach notification letter.
- Correspondence from the ICOregarding the breach.
It’s also important to ensure you start your claim within the time limit. Typically you will have six years to start a claim. But, if you are claiming against a public body, this falls to one year.
Get in touch with our advisors today to find out how one of our panel solicitors could help you strengthen your claim.
What Potential Data Breach Payout Could You Receive?
Material and non-material damage refers to the areas of harm that you could claim compensation for, either financially or psychologically.
The table below contains excerpts from the Judicial College Guidelines (JCG), a document that provides guideline settlement amounts for compensation claims. These excerpts refer to non-material damage compensation, which is compensation for the psychological injuries caused by the breach, such as distress.
| Type of Injury | Description | JC Guideline Severity & Award Bracket |
|---|---|---|
| General Psychiatric Damage | Significant problems with relationships, the ability to work and all other areas of life. A poor prognosis for the future. | (a) Severe – £54,830 to £115,730 |
| General Psychiatric Damage | Similar issues to the bracket above and still representative of a long-standing disability but a more optimistic outlook. | (b) Moderately Severe – £19,070 to £54,830 |
| General Psychiatric Damage | Cases where the symptoms are as above but show a marked improvement by the time the case may need to be heard at trial. | (c) Moderate – £5,860 to £19,070 |
| General Psychiatric Damage | This considers the length of disability and the way symptoms affect daily life. | (d) Less Severe – £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | Permanent effects prevent the injured person from functioning at a level prior to the trauma. | (a) Severe – £59,860 to £100,670 |
| PTSD | Distinct from the bracket as it refers to a more optimistic prognosis after professional treatment. | (b) Moderately Severe -£23,150 to £59,860 |
| PTSD | Largely a recovery with any continuing symptoms not being grossly disabling. | (c) Moderate – £8,180 to £23,150 |
| PTSD | Virtually a full recovery within a 2-year period and only minor issues persisting beyond this. | (d) Less Severe – £3,950 to £8,180 |
Please note that these figures are guidelines only and are not guaranteed amounts.
Can You Claim For Material Losses In A Breach of Data Protection Claim?
Material damage compensation addresses the impact the breach has had on your finances. For example, material damage compensation can cover money that has been stolen from your bank account, damage to your credit score, and debt and arrears that are accrued in your name.
For a free consultation of what you could receive following a successful claim, contact a member of our team.
How Can No Win No Fee Data Breach Solicitors Help You Claim?
You may be considering legal representation to help you through your claim. If so, a No Win No Fee agreement could help. Our panel of solicitors can offer legal advice and representation, with years of experience to help them ensure your claim is filed in full. They also offer these services under a Conditional Fee Agreement (CFA).
Typically, when you enter into a CFA, there are no upfront fees to pay to your solicitor when they start working on your claim. Nor are there any ongoing costs to pay. The only fee your solicitor will take under a CFA is a success fee if the claim succeeds. This is taken from your compensation payout as a percentage with a legal cap. But, unsuccessful claims generally don’t pay their solicitors anything for their services.
Contact Us 24/7 For Free Data Protection Breach Claim Advice
If you would like more guidance on accidental data breach examples and how you might be eligible to claim if impacted, please get in touch. A member of our team can take you through a free, no-obligation assessment and possibly connect you with a solicitor to help. To get in touch:
- Call our team on 0333 241 2521
- Make a claim online
- Or use the chat bubble below for instant help
Learn More About Accidental Data Breach Examples
Or, for more helpful resources:
You could get more information by reading our other guides:
For any more questions regarding accidental data breach examples and how to claim, get in touch with our team today.
Writer Jeff Wilders
Publisher Cat Heart
