Can I Claim When Affected By A Solicitor Data Breach?

Have you experienced harm due to a solicitor data breach? If so, then you may be considering making a compensation claim.

Solicitor data breach

Solicitor data breach claims guide

There are two main pieces of legislation that protect the data rights of UK residents. The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) outline the steps and procedures that must be followed when collecting and processing this data.

An independent body called the Information Commissioners Office (ICO) enforces this legislation. It has the authority to investigate and issue data breach fines to any organisation that fails to adhere to this legislation.

In this guide, we will discuss how to claim for a solicitor data breach, as well as how compensation is calculated, and how evidence can help strengthen your claim. Contact our advisors to learn more:

Choose A Section

  1. A Guide To Claiming For A Solicitor Data Breach
  2. What Is A Solicitor Data Breach?
  3. Evidence To Help A Claim
  4. Data Breach Compensation Calculator
  5. How No Win No Fee Data Breach Solicitors Could Help You Claim
  6. Learn More About Claiming For A Solicitor Data Breach

A Guide To Claiming For A Solicitor Data Breach

Solicitors handle many kinds of personal data as part of their day-to-day duties. Personal data is any information that can identify you as a living person, either alone or with the help of other information. For example, this can include your name, email address, or telephone number.

A personal data breach is a data security incident that impacts the confidentiality, integrity and availability of personal data. Those who collect and process personal data are called controllers and processors. Controllers are responsible for establishing a lawful basis, as well as deciding how and why to use your data. Then, a processor processes your data on the controller’s instruction.

However, not every personal data breach will result in a claim. In order to form a valid compensation claim, the UK GDPR outlines various criteria that all cases must meet. We will discuss these later on in this article.

Get in touch today to learn more about making a solicitor data breach claim.

What Is A Solicitor Data Breach?

As we previously mentioned, solicitors have access to a wide range of personal data. This includes special category data. This kind of personal data needs extra protection under data protection legislation. Special category data can include your medical records, your sexuality, or your trade union membership.

Solicitors must comply with the UK GDPR and the DPA when they collect or process the personal data of UK residents. If they fail to do so, this could result in a personal data breach. If a breach of your personal data causes you harm, you may be able to claim.

However, alongside causing you harm, the breach must also be the result of the data controller or data processor’s wrongful conduct if you wish to make a claim. You must also be able to prove that the breach affected your personal data.

To learn more about claiming for a solicitor data breach, get in touch with our team today.

Evidence To Help A Claim

Collecting evidence can help strengthen your personal data breach claim. You can do so by yourself, or you can do so with the help of a personal data breach solicitor. Some examples of evidence that you could collect to help strengthen your claim could include:

  • Information on any medical conditions caused by the breach, such as anxiety, depression, or distress.
  • Bills, receipts, invoices, or credit reports that detail the financial damage caused to you by the breach
  • A letter of notification from the organisation or law firm responsible for the breach
  • Correspondence with the ICO, such as the findings of an investigation or an order of a fine for a data breach

Our solicitors could help you gather evidence in order to help strengthen your claim. They can also help you go over your case, and ensure it is filed in full. For more information on evidence in personal data breach claims, or to find out how one of our panel solicitors could help you, get in touch today.

Data Breach Compensation Calculator

Two areas of harm, called material and non-material damage, are assessed for data breach compensation amounts. Non-material damage focuses on the actual psychological harm caused by the data breach, such as:

Various psychiatric injuries are listed in the Judicial College Guidelines (JCG) by degrees of severity, as shown below. The JCG provides legal professionals with guideline compensation amounts to help them value claims.

InjuryJC Guidelines Award BracketNotes
Psychological and Psychiatric Harm(a) Severe – £54,830 to £115,730Marked impact on the person’s ability to cope with life, education or work. Future vulnerability adds to a poor prognosis.
Psychological and Psychiatric Harm(b) Moderately Severe -£19,070 to £54,830 Better prognosis than the bracket above, even though symptoms are similar.
Psychological and Psychiatric Harm(c) Moderate – £5,860 to £19,070A significant improvement is seen in symptoms by the time the case goes to trial.
Psychological and Psychiatric Harm(d) Less Severe – £1,540 to £5,860This award bracket looks at the length of disability caused, as well as the effect that symptoms have on day to day life.
Post-Traumatic Stress Disorder (PTSD)(a) Severe – £59,860 to £100,670Severe and wide-ranging symptoms permanently impact all areas of the person’s life, leaving no ability to work or function at the level they would have before the trauma.
PTSD(b) Moderately Severe – £23,150 to £59,860A significant disability for the foreseeable future, but some improvement is seen after professional counselling.
PTSD(c) Moderate – £8,180 to £23,150This bracket refers to people who have largely recovered and experience non-disabling symptoms thereafter.
PTSD(d) Less Severe – £3,950 to £8,180Virtually a full recovery within a 24-month period and only minor issues persisting beyond this point.

Please note that these are not guarantees of what you may receive.

Material Damage

As well as psychological injury being acknowledged, actual financial loss associated with the data breach can also be assessed as part of your compensation. This is known as material damage compensation. To do this, documented proof is required that shows directly related costs caused by the incident. Some examples of expenses that could be recouped under material damage compensation can include:

  • Fraudulent credit card purchases in your name
  • Damage to your credit score
  • The cost of seeking psychiatric counselling

For more information on calculating compensation in personal data breach claims, contact our advisors today.

How No Win No Fee Data Breach Solicitors Could Help You Claim

Starting a personal data breach claim can seem daunting, but our panel of solicitors can help. With the help of a type of No Win No Fee agreement commonly referred to as Conditional Fee Agreement (CFA), our panel solicitors can provide expert legal representation and advice, typically without requesting any upfront fees.

Generally, a solicitor working under a CFA will not require upfront or ongoing fees for their services. In fact, you will only pay your solicitor a success fee in the event of a successful claim. Otherwise, they will not take payment for their work on your case.

To find out how one of our panel solicitors can help you start your solicitor data breach claim, contact our team:

As well as these resources, you can read more from the ICO:

Learn About Different Types of Data Breaches and How to Claim Compensation

 

Get in touch with our team today to learn more about the claims process, and they may put you in touch with one of our solicitors to help you start your solicitor data breach claim.

Writer Jeff Wilders

Publisher Cat Heart