Have you or your child suffered harm as a result of a breach of children’s services data? If so, you may be wondering if you could be eligible to claim compensation.
All organisations that process the personal data of UK residents must do so in accordance with two pieces of legislation called the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR).
This article will explain how this legislation protects your personal data, as well as what a personal data breach is. We will also discuss how solicitors and other legal professionals calculate compensation in personal data breach claims and what makes a claim eligible for compensation.
If you would like to find out if your claim is valid, get in touch with our team of advisors today. They can tell you if you are eligible for compensation, and they can also offer free legal advice and more help. If your claim is found to be valid, they may be able to put you in touch with an expert solicitor from our panel. Read on to learn more, or to get in touch:
- Call us on 0161 696 9685
- Contact us online
- Or use the live chat option below
Select A Section
- What Is A Breach Of Children’s Services Data?
- What Could Be The Impact Of A Breach Of Children’s Services Data?
- Who Could be Affected By A Breach Of Children’s Services Data?
- Services For Children And Young People
- What Payout Could Be Claimed If Your Data Is Breached?
- How To Make A No Win No Fee Claim If A Child’s Data Has Been Breached
What Is A Breach Of Children’s Services Data?
Personal data is classified as any detail that can reveal or infer someone’s identity, either on its own or when used alongside other information. Under the UK GDPR, any organisation that processes personal data must demonstrate a lawful basis for doing so.
The controllers and processors involved must then handle that information according to 7 core principles. A data controller decides why and how to collect your personal data, whereas a data processor follows the controller’s instructions in order to process this data. A data subject is the living person to whom the data refers.
A personal data breach occurs when a security incident compromises the confidentiality of your personal data, or the integrity or availability of your personal data. This can occur as a result of human error, cyberattacks, or other data security risks.
However, in order to make a valid claim, the breach must be a result of positive wrongful conduct. This means that it must be due to the data controller or processor’s failings. The data subject must also suffer harm due to the breach. This can be emotional or financial harm.
Statistics On Children’s Social Care
The Information Commissioner’s Office (ICO) is an independent data protection watchdog responsible for enforcing data protection laws. The ICO also publishes reports of data security incident trends.
In 2021, the ICO received reports of 1,356 data security incidents in the education and childcare sector. So far in 2022, 663 data security incidents have been reported.
If you have been impacted by a breach of children’s services data, get in touch with our advisors today. They can tell you if you have a valid claim.
What Could Be The Impact Of A Breach Of Children’s Services Data?
A personal data breach can lead to a number of negative consequences. For example, if your personal data is exposed online in a cyberattack, this could allow criminals to use your information to commit identity fraud. Or, if you pay for private childcare and your credit card details are involved in a breach, this could allow criminals to make illegal purchases and accrue debt in your name.
A personal data breach can also cause significant damage to the data subject’s mental health. For example, those affected could suffer anxiety due to a data breach, or the breach could cause stress, depression, or post-traumatic stress disorder (PTSD).
A breach of children’s services data can have a significant impact on your life. To start your claim today, get in touch with our team.
Who Could be Affected By A Breach Of Children’s Services Data?
A breach of children’s services data can affect both children and parents or legal guardians. However, as we have already mentioned, the breach must be a result of wrongful conduct in order to form a valid claim. Some examples of how the failings of a data controller or data processor could lead to a personal data breach include:
- A nursery data breach could occur if a member of staff verbally discloses personal data from your child’s records to an unauthorised third party.
- A social services agency could send personal data regarding you or your child to the wrong email address.
- A paediatrician at a GP surgery could mistakenly send a fax to the wrong person containing personal information from patient medical records.
If you or your child have been affected by a breach of children’s services data, get in touch with our advisors. Or, read on to learn more.
Services For Children And Young People
Many organisations, both private and public, offer services for children and for young people. Some examples of organisations that could offer services for children and young people and as such, could collect and process personal data include:
- Housing associations
- Social services agencies
- Community centres
- Schools
- Nurseries
- Hospitals
- Charities
- Local councils
If a breach of children’s services data has affected you, contact our team of advisors today.
What Payout Could You Claim If Your Data Is Breached?
In the event of a successful claim, you could receive compensation for two areas of harm. These are known as material damage and non-material damage. Material damage is the head of your claim that addresses the financial impacts of the breach.
For example, a breach of your bank details could lead to damage to your credit score and illegal charges to your debit or credit cards. These expenses could be covered by material damage.
Breach of Children’s Services Data – Non-Material Damage
Non-material damage is the head of claim that aims to address the psychological impacts of the personal data breach. Below, we have constructed a table containing guideline compensation figures taken from the Judicial College Guidelines. The JCG is a document that helps solicitors value claims by providing guideline settlement awards for a number of physical and psychological injuries.
| Type of Injury | Definition | Judicial College Guideline Award Bracket |
|---|---|---|
| Psychiatric Injury | A poor prognosis with impact noted in all areas of life such as education, personal relationships | (a) Severe - £54,830 to £115,730 |
| Psychiatric Injury | Symptoms are similar to in the case above, however, the prognosis is slightly better. | (b) Moderately Severe - £19,070 to £54,830 |
| Psychiatric Injury | By the time the case may need to go to trial, the symptoms show a marked improvement. | (c) Moderately Severe - £5,860 to £19,070 |
| Psychiatric Injury | Takes into account the length of the illness and the effect symptoms have on daily life. | (d) Less Severe - £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | Permanent effects that impact all areas of the sufferer's life, preventing them from working or functioning at the pre-trauma level. | (a) Severe - £59,860 to £100,670 |
| PTSD | There is some chance of recovery with professional treatment. This allows a more optimistic prognosis. | (b) Moderately Severe - £23,150 to £59,860 |
| PTSD | A large recovery takes place, with the remaining symptoms being non-disabling. | (c) Moderately - £8,180 to £23,150 |
| PTSD | Nearly a full recovery within a 1 - 2 year period and issues persisting beyond this being minor. | (d) Less Severe - £3,950 to £8,180 |
Please be aware that these amounts are guidelines and are not guarantees of what you could receive. To learn more about payouts for a breach of children’s services data, get in touch with our team of advisors.
How To Make A No Win No Fee Claim If A Child’s Data Has Been Breached
Following a breach of children’s services data, you may be interested in making a claim. A No Win No Fee solicitor from our panel could help you through this process with a Conditional Fee Agreement (CFA). Under a CFA, you get access to legal representation and further guidance, generally without paying any upfront fees or ongoing costs.
If your claim succeeds, the only fee your solicitor will typically take is a success fee. This is taken as a percentage of your compensation, but this percentage comes with a legal cap.
If you would like to learn more about how a No Win No Fee agreement could assist you, please get in touch through the options below. Our team could connect you with a solicitor to help today:
- Call us on 0161 696 9685
- Contact us online
- Or use the live chat option below
Breach of Children’s Services Data – Other Resources
For more helpful guides:
- Human resources data breach claims
- Claims for data protection in schools
- How to report a data protection breach
Or, for further resources:
To learn more about making a claim for a breach of children’s services data, get in touch with our advisors today.
Written by JW
Edited by CH