If you have been a victim of abuse and a data breach compromised any personal data concerning your situation, you may be able to pursue a claim for compensation. This guide will look at breaches of abuse victims’ data and who could be responsible for a breach.
Additionally, we will look at what information could be involved in a personal data breach, as well as discuss the criteria that your claim must meet in order to be eligible. Furthermore, we will explore how our panel of experienced solicitors may be able to help you with your potential claim.
If you would like to discuss your potential claim, our team of advisors are here to assist you. They are available 24 hours a day, 7 days a week, to provide free legal advice concerning your personal data breach claim.
To talk to an advisor today:
- Call on 0161 696 9685
- Utilise the live chat feature
- Or contact us online
Select A Section
- What Is A Victim Of Abuse Data Breach Claim?
- Who Could You Claim Against?
- What Information Could Be Involved?
- Do You Have The Right To Make A Victim Of Abuse Data Breach Claim?
- Compensation Settlements For A Victim Of Abuse Data Breach Claims
- Discuss Your Case With Us
What Is A Victim Of Abuse Data Breach Claim?
Any information that could identify you is classified as personal data. This includes information that could identify you directly or in combination with other information. Personal data can include your name, date of birth and home address.
A personal data breach is a security incident where your personal data is either lost, accessed, destroyed, altered or disclosed accidentally or without a lawful basis. Most data breaches can be categorised as cyber or non-cyber incidents, such as cyber-attacks or human error.
Any organisation that processes the personal data of UK residents must take certain steps to protect said personal data. The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) outline these steps.
If your personal data is compromised in a personal data breach, you could make a claim. However, your case must meet the criteria set out by the UK GDPR. This means that you will need to prove that the data controller or data processor’s failings caused the personal data breach. You will also need to show that as a result of this, you have suffered either financial losses or psychological harm.
If an organisation can prove that they took all the reasonable steps to protect your personal data, but your information was still breached, you might not be able to make a claim.
You can contact our advisors for further guidance if you are a victim of abuse and a data breach has compromised your personal data.
Who Could You Claim Against?
Data protection legislation applies to data controllers and data processors. A data controller is an organisation that decides how and why they intend to process your personal data. They are responsible for establishing a lawful basis for processing your personal data. A data processor then processes this data by following the controller’s instructions.
For example, a social services agency may collect and process your personal data. However, if they fail to comply with data protection legislation and this leads to a personal data breach, you may be able to claim against them as the organisation responsible.
Additionally, you can contact our advisors if you are unsure whether you have a legitimate personal data breach claim. They are available to help you 24/7.
What Information Could Be Involved?
The UK GDPR states that in order to make a claim, the breach must include your personal data. Some examples of personal data that could be involved in a personal data breach can include:
- Your home address – A local authority could hold information concerning your new address in a police report if you moved home to leave an abusive environment.
- Phone numbers – If you changed your contact information to distance yourself from an abuser, the police could hold this information.
- Medical records – Medical professionals could also hold information concerning any physical or mental injuries you may have suffered during this period of time.
If you are a victim of abuse and a data breach has caused you harm, you might be able to make a claim. Contact our advisors today to learn more.
Do You Have The Right To Make A Victim Of Abuse Data Breach Claim?
Per the UK GDPR, you are able to make a claim for compensation if you have suffered material or non-material damage due to a personal data breach caused by an organisation failing to adhere to data protection law.
Non-material damage pertains to any psychological harm you have suffered due to the personal data breach. For example, you could have suffered anxiety due to a data breach.
Material damage could compensate you for the financial losses you have suffered due to the breach. In the next section, we will explore some specific examples of financial losses that could be brought about by a personal data breach.
If you are a victim of abuse and a data breach compromised your personal information concerning your situation, you might be able to make a claim. Contact our advisors for further information.
Compensation Settlements For A Victim Of Abuse Data Breach Claim
Following a personal data breach, you could claim for non-material and material damage.
Non-material damage aims to compensate you for your mental suffering due to the personal data breach. Providing a copy of your medical records stating your psychological suffering could be used as evidence in your claim for non-material damage.
When valuing non-material damage claims, many solicitors will use a document called the Judicial College Guidelines (JCG) to help them. This is because the JCG gives solicitors guideline compensation brackets for various injuries at different severity levels. Below, you find a table exemplifying some of these brackets.
| Non-Material Damage (Injury) | Comments | Amount |
|---|---|---|
| Mental Suffering | Severe (a) - Serious problems with working life and maintaining relationships with family and friends. The initial prognosis will also be very poor. | £54,830 to £115,730 |
| Mental Suffering | Moderately Severe (b) - Considerable problems associated with personal relationships and working life. But their prognosis will be more optimistic. | £19,070 to £54,830 |
| Mental Suffering | Moderate (c) - There will have been problems concerning personal and working life. However, the person will have significantly improved. | £5,860 to £19,070 |
| Mental Suffering | Less Severe (d) - How much sleep and other daily activities were impacted by symptoms could affect how much is awarded. | £1,540 to £5,860 |
| Anxiety Disorder | Severe (a) - Permanent effects will stop the person from being able to return to normal daily life, such as work. | £59,860 to £100,670 |
| Anxiety Disorder | Moderately Severe (b) - For the foreseeable future, the person will suffer a significant disability. However, there will be a chance of recovery with professional help and a more optimistic prognosis. | £23,150 to £59,860 |
| Anxiety Disorder | Moderate (c) - A large recovery will have been made, and any persisting effects will not greatly disable the person. | £8,180 to £23,150 |
| Anxiety Disorder | Less Severe (d) - Only minor symptoms may persist following an almost complete recovery within 1-2 years. | £3,950 to £8,180 |
Material damage aims to compensate you for your financial losses due to the personal data breach. For example, if your home address was compromised in the data breach, you may become anxious that your abuser could arrive at your home, which causes you to change your address. Material damage could potentially compensate for this expense, as well as:
- Money that was stolen from your bank account
- Charges that were made on your debit or credit card
Providing bank statements of these financial losses could be used as evidence in your claim for material damage.
If you were a victim of abuse and a data breach compromised any of your personal information concerning this, you might be able to make a claim. Contact our team today for further guidance regarding data breach compensation.
Discuss Your Case With Us
If you have been a victim of abuse and a data breach caused you harm, you may be wondering how a solicitor from our panel could help you. Our panel offer legal representation through a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
When claiming with a No Win No Fee agreement, you generally will not have to pay your solicitor for their services if the claim fails. This includes upfront fees or ongoing costs. Alternatively, if your solicitor succeeds with your claim, you will pay them a legally capped success fee from your compensation.
Contact our advisors for further guidance regarding making a personal data breach claim with a No Win No Fee agreement. They are available 24/7 to help answer your questions and provide you with free legal advice.
To talk to an advisor today:
- Call on 0161 696 9685
- Utilise the live chat feature
- Or contact us online
Similar Resources
For more articles by us about data breach claims:
- Stalker GDPR data breach compensation claims guide – how to claim?
- Hotel GDPR data breach compensation claims guide – how to claim?
- Post office GDPR data breach compensation claims guide – how to claim?
Or, if you are looking for additional information:
- Information Commissioner’s Office (ICO) – Taking your case to court and claiming compensation
- National Cyber Security Centre (NCSC) – Data breaches: guidance for individuals and families
- NHS – Post-trauamtic stress disorder
Contact our advisors today if you are a victim of abuse and a data breach contained any sensitive information regarding your situation.
Written by MR
Edited by CH