If you have suffered harm due to a school data breach, you may be wondering if you could be eligible for compensation.
School data breach claims guide
The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) protect the data rights of UK residents. All organisations that process this data, including schools, must comply with this legislation.
These laws are enforced by an independent body called the Information Commissioners Office (ICO). The ICO can investigate and impose a data breach fine upon any organisation found to be in breach of data protection law.
In this guide, we will explain who can claim for a school data breach, and how compensation is calculated by legal professionals. We will also discuss how the help of one of our data breach solicitors could benefit you and your claim.
If you would like to learn more, our team can offer free legal advice and a free consultation. Get in touch today by:
- Calling our team on 0333 241 2521
- Starting your claim online
- Using the live support option below
Choose A Section
- A Guide To Claiming For A School Data Breach
- What Is A School Data Breach?
- What Could You Receive From A Breach Of Data Protection Claim?
- Potential Evidence In A School Data Breach Claim
- Make A No Win No Fee Data Breach Claim
- Learn More About Receiving Data Breach Compensation
A Guide To Claiming For A School Data Breach
Before we discuss a personal data breach, it is important to understand what personal data is. Any detail that is used alone or alongside other details as a way to infer your identity can be classed as personal data. This data can include your:
- Name and address
- Date of birth
- Email address and contact numbers
- Bank details
- Employment records
Personal data also includes special category data. Due to its sensitive nature, special category data requires extra protection and can include your sexuality, your trade union membership status, and your health data, which can include your medical records.
If this data is involved in a security incident which then affects its confidentiality, its availability, or its integrity, this is a personal data breach. All data controllers and data processors must comply with data protection legislation to reduce the risk of a personal data breach occurring.
Read on to learn more about data controllers and data processors. Or, get in touch with a member of our team to start your school data breach claim today.
What Is A School Data Breach?
As we mentioned in the previous section, a personal data breach occurs when a security incident compromises your personal data. However, not every school data breach will lead to a successful personal data breach claim.
Article 82 of the UK GDPR sets out your right to compensation following a breach. Under this legislation, your case must meet certain criteria in order to be eligible. This includes:
- The breach must contain your personal data
- It must be the fault of the data controller or processor’s failings
- You must experience psychological or financial harm as a result
A data controller establishes the reasoning behind why they need your data, as well as how they intend to use it. A data processor then processes this data on their behalf. Schools can play the role of both data controller and data processor and must comply with data protection legislation accordingly.
Contact our advisors today to learn more about how to claim for a school data breach.
What Could You Receive From A Breach Of Data Protection Claim?
There are two areas of harm that you could potentially be compensated for in a school data breach claim: these are material damage and non-material damage.
Non-material damage refers to the psychological damage you experience as a result of the data breach. For example, you may experience distress due to a data breach, along with anxiety, depression, or post-traumatic stress disorder (PTSD). You may be to claim compensation if you suffer non-material damage as a result of a personal data breach.
Below, you can check the guidelines provided by the Judicial College Guidelines (JCG) for a broad idea of what you could potentially receive in terms of non-material damage compensation. The JCG is a document that helps legal professionals when they value claims, as it provides guidelines for settlement amounts.
| Type of Injury | Definition | Severity & Award Bracket Amount |
|---|---|---|
| Psychiatric & Psychological Damage | Marked problems in coping with all areas of life, with a poor prognosis. | (a) Severe – £54,830 to £115,730 |
| Psychiatric & Psychological Damage | Symptoms in this bracket are similar to the above, but the prognosis is more optimistic. | (b) Moderately Severe -£19,070 to £54,830 |
| Psychiatric & Psychological Damage | There is a better prognosis as a result of symptoms showing a significant improvement. | (c) Moderate – £5,860 to £19,070 |
| Psychiatric & Psychological Damage | This bracket reflects the length of disability and the effect that symptoms have on daily activities. | (d) Less Severe – £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | An acute and all-encompassing injury that permanently impacts the sufferer’s quality of life, leaving no function at the pre-trauma level. | (a) Severe – £59,860 to £100,670 |
| PTSD | Distinct from the bracket above due to a more optimistic prognosis following professional treatment. | (b) Moderately Severe -£23,150 to £59,860 |
| PTSD | A large recovery, with persisting symptoms not being grossly disabling. | (c) Moderate – £8,180 to £23,150 |
| PTSD | Virtually a full recovery within a 2-year period, and any issues persisting beyond this being minor. | (d) Less Severe – £3,950 to £8,180 |
However, it is important to note that these figures are not guarantees or estimates of what you could receive.
Material Losses In A Data Breach Claim
You may also be eligible for material damage compensation. This addresses the financial aspects of the breach. For example, material damage compensation may cover:
- The impact of identity theft on your finances
- Damage to credit scores
- Theft from credit cards or bank accounts
- Debt and arrears that are accumulated in your name
Contact an advisor from our team to learn more about school data breach compensation.
Potential Evidence In A School Data Breach Claim
When you make a school data breach claim, there are some steps you can take to make your case stronger. One way to do this is by gathering evidence to support your claim, either by yourself or with the help of a solicitor. Some examples of evidence you could gather include:
- Bills, invoices, or credit reports that detail the financial impact of the breach
- Medical reports or records that showcase the psychological harm caused by the breach
- Correspondence with the school or organisation at fault that provides more information about the breach, such as a data breach letter of notifcation
- Correspondence with the ICO
It is also important to make sure that you start your claim within the appropriate time limit. The time limit for starting a personal data breach claim is usually six years, but this falls to one year if your claim is against a public body.
Make A No Win No Fee Data Breach Claim
Making a personal data breach claim can feel daunting. However, one of our panel No Win No Fee solicitors could make the claims process feel less stressful. Our panel of solicitors has years of experience and can help ensure your claim is filed in full.
Our panel solicitors offer representation through a Conditional Fee Agreement (CFA). Your solicitor typically won’t charge any upfront or ongoing fees under a CFA unless your claim succeeds. Successful claimants will pay a success fee, which your solicitor will take from your compensation as a legally-capped percentage. However, if your claim does not succeed, then you generally will not pay your solicitor for their services.
Contact Us 24/7 For Free To Make A Data Protection Breach Claim
If you would like to know more about how a No Win No Fee solicitor could assist you after a school data breach, our advisors are on hand to help. You can contact our team 24/7 for free legal advice. Get in touch by:
- Calling our team on 0333 241 2521
- Starting your claim online
- Using the live support option below
Learn More About Receiving Data Breach Compensation
As well as details on school data breaches, the articles below offer further reading on the subject of data protection compensation claims:
- Disciplinary Records Data Breach Payouts
- Medical Data Breach Compensation
- Accountant Data Breach Claims
Or, for further resources:
Learn About Different Types of Data Breaches and How to Claim Compensation
Get in touch with our team today to start your school data breach claim.
Writer Jeff Wilders
Publisher Cat Heart
