What Constitutes A Breach Of Data Protection?

What constitutes a breach of data protection? Have you been informed about a security incident involving your personal information? Perhaps you received a letter from an organisation about a personal data breach?

What constitutes a breach of data protection?

What constitutes a breach of data protection?

In this article, we will explain what a breach of data protection is and how this could lead to a personal data breach.

We will also explain compensation, and how legal professionals value personal data breach claims.

Our advisors can provide free legal advice, and can answer any questions you may have regarding your claim. If they find your claim to be valid, they may connect you with one of our expert solicitors. Get in touch to learn more:

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  1. What Constitutes A Breach Of Data Protection? – A Guide
  2. Examples Of What Constitutes A Breach Of Data Protection
  3. What Could You Do When Making A Data Protection Breach Claim?
  4. How Much Compensation For A Data Breach? – Potential Compensation Figures
  5. Use Data Breach Solicitors On A No Win No Fee Basis
  6. Learn More About What Constitutes A Breach Of Data Protection

What Constitutes A Breach Of Data Protection? – A Guide

In this guide, we will look at what constitutes a breach of data protection. There are two main pieces of legislation that protect the data rights of UK residents. The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) work together to describe the way data processing should take place.

These laws are enforced by an independent body called the Information Commissioners Office (ICO). They have the authority to investigate and issue fines against any organisation that does not comply with data protection law.

The organisations that request and use our data are called data controllers and processors. Data controllers decide how and why your personal data is used. Data processors, however, process this data by following the controller’s instructions.

If an organisation does not follow data protection law, this is a breach of data protection. However, if this leads to a security incident that affects your personal data’s confidentiality, integrity, or availability, this is a personal data breach.

To learn more about what constitutes a breach of data protection, contact our advisors today.

Examples Of What Constitutes A Breach Of Data Protection

Personal data is any information that can identify you. If this data is compromised due to the data controller or processor’s wrongful conduct, and you suffer harm as a result, you may be able to claim.

Some examples of how a breach of data protection could lead to a personal data breach include:

  • An employee sending a document that contains your personal data, such as your medical data, to the wrong email address or postal address
  • An organisation fails to employ proper cybersecurity systems. This allows cybercriminals to steal your personal data in a cyberattack.
  • A batch email is sent out to LGBTQ+ employees in a workplace. However, the send fails to use the blind carbon copy (BCC) feature. This allows the email addresses of all the recipients to be exposed and reveals information about their sexuality.

To learn more about what constitutes a breach of data protection and how a personal data breach could occur, contact our advisors today.

What Could You Do When Making A Data Protection Breach Claim?

Now that you have a better understanding of what constitutes a breach of data protection and how this could lead to a personal data breach, we will discuss the steps you could take to strengthen your claim.

  • After discovering a personal data breach that could affect your rights or freedoms, all organisations have 72 hours to report it to the ICO
  • You can contact the organisation yourself and ask for more information. They may be able to tell you what data was affected and how the breach happened.
  • If the organisation doesn’t respond, or if they provide an unsatisfactory response, you can complain to the ICO.
  • However, this must be done within three months of your last meaningful contact with the organisation.

Consulting with a data breach solicitor can offer clarity and guidance throughout the claims process. To learn more about what constitutes a breach of data protection or to find out how one of our panel solicitors could help you, contact our team today.

How Much Compensation For A Data Breach? – Potential Compensation Figures

You may be wondering how much compensation you could receive if you were to make a successful personal data breach claim. Non-material damage is the area of compensation that addresses the psychological injuries you experience because of a breach. For example, you might suffer distress following a breach, anxiety, or depression.

Below, you can find a table that utilises figures from the Judicial College Guidelines (JCG). This is a document that assists legal professionals in valuing personal data breach claims. The figures below relate to non-material awards.

InjuryNotesSevereity/Compensation
Damage of a Psychological or Psychiatric NatureCases like this involve a serious impact on all fronts in a person’s life, and their prognosis will be poor.(a) Severe Degree – £54,830 to £115,730
Damage of a Psychological or Psychiatric NatureMental harm is of similar severity as the bracket above, but the long-term prognosis from a professional is more optimistic.(b) Moderately Severe Degree – £19,070 to £54,830
Damage of a Psychological or Psychiatric NatureWork-related stress and other issues will see a distinct improvement by the time the case may be heard at trial(c) Moderate Degree – £5,860 to £19,070
Damage of a Psychological or Psychiatric NatureThe award here applies to the length of time affected and how the symptoms affect daily activities. (d) Less Severe Degree -£1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD)Very severe symptoms debilitate the person in all areas of their life in a permanent way.(a) Severe Levels – £59,860 to £100,670
Post-Traumatic Stress Disorder (PTSD)Some improvement is seen after the person has sought professional help.(b) Moderately Severe Levels – £23,150 to £59,860
Post-Traumatic Stress Disorder (PTSD)A large amount of recovery takes place, though some non-disabling symptoms remain.(c) Moderate Levels – £8,180 to £23,150
Post-Traumatic Stress Disorder (PTSD)A complete recovery within a 24 month period and only minor issues persisting after this time frame.(d) Less Severe Levels -£3,950 to £8,180

These are not award guarantees; this table functions similarly to a compensation calculator. For an in-depth estimation of what your claim could be worth, contact our advisors.

Material Losses In A Breach Of Data Protection Claim

Secondly, material damage focuses on the financial losses or expenses caused to you by the breach. For example:

  • Money stolen from your bank account
  • Negative impact to your credit score
  • Debt accrued in your name

For more information on what constitutes a data protection breach and how you could claim, contact our advisors today.

Use Data Breach Solicitors On A No Win No Fee Basis

After you have further information on what constitutes a breach of data protection, you might consider starting a claim for compensation. Get in touch with our team, and we could introduce you to data breach solicitors who offer their services under a No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

Your solicitor usually will not charge any costs or fees when you hire them under a CFA. The only cost you would have to pay comes as a success fee, and this is only paid if your claim succeeds. This is taken from your final award as a small percentage, though this percentage has a legal cap.

If you are interested in learning more about how our panel of data breach solicitors could help you, please get in touch. Our advisors can offer a free, no-obligation assessment of your eligibility right now when you:

Learn More About What Constitutes A Breach Of Data Protection

In addition to this:

 

You could get more information by reading our other guides:

 

For more information on what constitutes a breach of data protection, contact our advisors today.

Writer Jeff Wallowing

Publisher Cat Heart