Do you need to know how to make a data protection claim after a university data breach? If your personal data has been breached by a school or university, this can have serious consequences.
University data breach claims guide
Two main laws protect UK residents’ data processing rights. These are the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). Data controllers and processors must ensure they comply with these laws. If they fail to do so, this may result in a personal data breach.
A data controller makes all of the decisions regarding your personal data and how it is processed. Then, the data processor follows their instructions in order to process it.
In this guide, we will explain when you could be eligible to make a personal data breach claim, and we will provide some key definitions for terms such as personal data, personal data breach, and data subject. If you have any more questions, our advisors are available around the clock to help. To get in touch, you can:
- Call on 0333 241 2521
- Make a claim online
- Or use the live chat option below
Choose A Section
- Can I Claim For A University Data Breach? – A Guide
- What Is A University Data Breach And When Can I Claim?
- What Is My Potential Compensation Amount From A Data Protection Breach Claim?
- Potential Evidence When Claiming For A University Data Breach
- Use Data Breach Solicitors On A No Win No Fee Basis
- Learn More About How To Receive Data Breach Compensation
Can I Claim For A University Data Breach? – A Guide
A personal data breach is a security incident that affects your personal data and its integrity, confidentiality, or availability. This is any information that could be used to identify you, such as your full name, email address, or phone number.
Personal data also includes special category data. This is data that, because of its sensitive nature, needs extra protection. Special category data can include information regarding your sexuality, trade union membership status, or health data. For example, this may include information about your medical conditions.
If the data refers to you, this makes you the data subject. As the data subject, you have a right to claim compensation for a personal data breach under Article 82 of the UK GDPR. We will discuss the criteria for claiming in the following section.
The Information Commissioner’s Office (ICO)
The data processing rights of the public are protected by an independent body called the Information Commissioner’s Office (ICO). This agency has the authority to investigate and, if necessary, issue penalties against any organisation that fails to adhere to data protection laws.
What Is A University Data Breach, And When Can I Claim?
With the core evidence to prove positive wrongful conduct in place, claiming compensation for a university data breach could be possible. A personal data breach can happen in a number of ways, for example:
- An email data breach can occur if your personal data is sent to the wrong email address
- If your university has inadequate cybersecurity policies in place, this could allow cybercriminals to steal your personal data
- Your university could send a letter containing your personal data to the wrong postal address
However, you may not be able to claim for every personal data breach. As we have already mentioned, you must be able to prove that the breach was caused by wrongful conduct. You also have to prove that it caused you to experience harm. This could be mental harm or financial harm.
To find out if you could be eligible to make a claim, get in touch with our team of advisors today.
What Is My Potential Compensation Amount From A Data Protection Breach Claim?
A university data breach can cause the data subject both financial and psychiatric harm. In compensation claims, these are referred to as material damage and non-material damage. Non-material damage refers to the harm done to your mental health. For example, if you suffer distress because of the breach, this could be claimed for under non-material damage compensation.
In order to assess the value of your claim, a solicitor may use the Judicial College Guidelines (JCG). This document provides guideline compensation awards in reference to a number of physical and mental injuries, some examples of which are demonstrated below.
| Type of Injury | Amount Brackets | Description |
|---|---|---|
| Mental Injury (General) | Severe £54,830 – £115,730 | Marked issues in all areas of life with a poor future prognosis predicted |
| Mental Injury (General) | Moderately Severe £19,070 – £54,830 | Similar long-standing issues as above but a more positive prognosis indicated |
| Mental Injury (General) | Moderate £5,860 – £19,070 | Serious issues show a good degree of recovery by the time the case may need to be heard at trial. |
| Mental Injury (General) | Less Severe £1,540 – £5,860 | The length of illness is acknowledged in this bracket, as well as the way symptoms interfere with daily life. |
| PTSD | Severe £59,860 – £100,670 | A severe and permanent trauma response that negatively impacts all areas of the person’s life. |
| PTSD | Moderately Severe – £23,150 – £59,860 | Symptoms improve after professional treatment, which leads to an improved prognosis. |
| PTSD | Moderate – £8,180 – £23,150 | Overall a good level of recovery seen with persisting issues being non-disabling. |
| PTSD | Less Severe – £3,950 – £8,180 | Almost a full recovery within a 1 – 2 year period and only minor symptoms continuing beyond this period. |
These are not guaranteed award amounts, merely guide figures.
Can Material Damage Make Up My Data Breach Compensation?
As well as amounts for the mental injury caused by a university data breach, the financial impacts of the breach can be assessed and recouped as material damage compensation. This can include losses such as:
- Stolen funds from your bank account
- Damage to your credit score
- Credit card purchases made fraudulently in your name
There may be other directly associated costs that have been forced upon you after the university data breach. If you choose to work with a data breach solicitor, they could alert you to other expenses that you could claim for. Contact our team today to learn more.
Potential Evidence When Claiming For A University Data Breach
When you make a personal data breach claim, it can be very helpful to collect evidence surrounding the breach. This can help strengthen your claim, as it can help prove who is liable and how the breach caused you harm. Some examples of evidence that could help strengthen your claim include:
- Letters or emails from the organisation responsible notifying you of the breach, or any other correspondence with the organisation regarding the breach
- Medical records or notes from a GP or psychologist detailing the extent of the harm the breach has on your mental wellbeing
- Banke statements or credit reports that illustrate the ways in which the breach has affected your finances
- Correspondence with the ICO, such as the findings of an investigation
You can collect evidence to support your claim by yourself, or you can do this with the help of one of our expert solicitors from our panel. To find out how one of our panel solicitors could help you may a university data breach claim, get in touch today.
Use Data Breach Solicitors On A No Win No Fee Basis
Starting a claim for compensation after a university failed to protect your personal data can seem complex and daunting. But, our panel solicitors are here to help. If you are considering legal help, we could connect you with a No Win No Fee solicitor, who could help you with a Conditional Fee Agreement (CFA).
A CFA allows you to access legal help while providing certain benefits. For example, you usually won’t be expected to pay a fee to your solicitor in order for them to begin work on your claim. Likewise, you won’t be asked to pay anything while your claim is ongoing.
The only time your solicitor will take a fee under a CFA is if your claim succeeds. This is a success fee, and is taken directly from your compensation. The fee has a legislative cap, which helps ensure that you get the majority of your compensation. If your claim fails, your solicitor generally won’t take a fee for their work.
Can I Get Compensation For A Data Breach? – Contact Us For Free Today To Find Out
You may be wondering if you could be eligible to claim with the help of one of our panel solicitors. To find out, we recommend you contact an advisor from our team. They can give you a free consultation and more advice on making a claim. To get in touch:
- Call on 0333 241 2521
- Make a claim online
- Or use the live chat option below
Learn More About How To Receive Data Breach Compensation
Or, find additional help and resources:
You could get more information by reading our other guides:
Writer Jeff Wallowing
Publisher Cat Heart
