Claim Compensation For A North Tyneside Council Data Breach

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North Tyneside Council Data Breach Compensation Claims Guide

If you’ve been impacted by a North Tyneside Council data breach you may want information on your legal rights and options. If so, you’ve found the right page.

Here at Legal Expert we have significant experience in handling data breach claims against local councils. Be it a breach of housing or social services data, we can help you get the compensation you’re entitled to.

Below, we explain how a North Tyneside Council data breach could happen, compensation payouts and how our No Win No Fee solicitors could help.

However, if you’d rather speak with us now, you can do so by:

North Tyneside Council data breach claims guide

North Tyneside Council data breach claims guide

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How Could North Tyneside Council Breach Your Data?

Within the GDPR document, you’ll find lots of useful definitions. One explains that a personal data breach is where data that could identify an individual is lost, destroyed, changed, disclosed or accessed unlawfully, without authorisation or accidentally following a security incident.

The fact that a breach has taken place won’t give you grounds to claim compensation though. For a solicitor to consider taking on your claim, you’ll need to show that the data controller failed to put measures in place to protect your personal data. As a result, you have suffered psychological and/or financial suffering.

For example, if hackers stole data from a council’s IT systems because their security software was out of date, you could be eligible to claim. If a council had maintained a good level of security, your claim would be less likely to be successful.

We understand it might not be immediately clear whether you have the grounds to claim. That’s why we are happy to review your case for free and offer free legal advice on your options.

What Data Protection Laws Must North Tyneside Council Comply With?

Councils that need to process personal information will be deemed data controllers under the GDPR. There may be a North Tyneside Council data protection officer employed to help ensure the rules are adhered to. Essentially, there must be a lawful basis before any personal data is used. Furthermore, the council must be able to demonstrate how it complies with the following data processing principles:

  • Processing must use legal, fair and transparent methods.
  • All personal information needs to be up to date and correct.
  • Personal data can only be used for specified reasons.
  • The security of personal information must be paramount.
  • Only the personal data that is needed should be processed.
  • There is no time limit for retaining personal data. However, it shouldn’t be kept any longer than it is needed.

The rules of the GDPR apply to any personal information stored in computer systems. It also includes documentation stored within a filing system. If the rules of the Data Protection Act or the GDPR are broken, the ICO may choose to step in and investigate.

What Types Of Data Breaches Could North Tyneside Council Suffer?

We’d like to stipulate that data breaches are not always caused by deliberate or illegal actions. It is possible to claim for the harm caused by an accidental data breach too. In the list below, we have included some scenarios that could result in a data breach compensation claim if they lead to any suffering:

  • Where employees are overheard discussing you in a public area.
  • If a laptop containing unencrypted personal data is lost.
  • Where your contact details are shared with a third party accidentally
  • If a letter that was meant for you is posted to the wrong person.
  • Where members of the public view personal information that has been posted accidentally on the website of a company.

Should it become apparent that a data breach has occurred, you should be informed without delay (if it puts you at risk). Additionally, the ICO must be informed within 72-hours.

Children’s Services And Housing Data Protection Breaches By North Tynside Council

We are now going to look at what types of documentation containing personal information might be held by a council. We won’t list everything here but the items we have included should give you some idea.

  • Care / Patient records. Social services and children’s services are likely to have records about vulnerable adults or children. These are highly likely to contain very sensitive information.
  • Tenancy agreements. These will have details about your home address as well as some of your contact details.
  • Identification documents. When applying to the housing waiting list, you may need to provide documents such as your passport or driver’s licence. Scans or photocopies of these documents may need to be stored.

If these documents made their way into the wrong hands, it could result in all sorts of problems. ID documents could be used by criminals meaning you could lose money. Furthermore, you might be anxious or embarrassed about the thought of your information being in the public domain. That is the reason councils must take preventative measures to try and keep your data safe.

How To Report A Data Breach By North Tyneside Council

So, if you suspect a data breach has happened at North Tyneside Council, what should you do? Well, you could report it to the ICO. Or first, you could try and resolve the matter yourself.

  1. Complain formally to the council in the first instance.
  2. When they reply, escalate the complaint further if you’re not happy with their response.
  3. If you’re still not happy, you can report the breach to the ICO. They state that you should wait no longer than 3-months have passed since you heard anything meaningful.

Often, an amicable agreement can be reached with the defendant after enough evidence is provided. Therefore, we’d suggest that you discuss your case with your solicitor in the first instance. They will advise whether you should involve the ICO or not.

Want to start the ball rolling? If so, speak to our team on the number above today.

What Can You Claim For After A Data Breach?

It would be really nice if you could contact a defendant, tell them how much compensation you’d like and they pay it. That’s not the way things work though! Instead, every penny of your claim has to be explained and backed up with evidence. Data breach claims allow for two separate elements to your claim:

  • Material damage. These are used to claim back any monetary losses.
  • Non-material damage. The part of your claim that’s based on any suffering caused by stress, anxiety or similar psychiatric injuries.

An example of a material damages claim is where you request money that’s been stolen from your bank account. This might be the case if your details were used in identity theft following a data breach. For non-material damages, you could claim if you have suffered mental health issues. However, claims don’t stop there.

As you can only claim once, it is important to think about any future suffering too. To do that, you may need a medical assessment as part of your claim. Our solicitors can usually arrange these at local venues. The appointment will be conducted by an independent specialist. They’ll review medical records and ask questions about the impact of the data breach. This will then be recorded in a report. If the prognosis is that you’ll suffer for some time, this will be factored into your claim.

We believe that you can improve your chances of being compensated by having a specialist solicitor on your side. If your claim is accepted, one of our solicitors will take the time to fully understand how you’ve suffered and try to include everything within the claim.

We’re here to help if you’re considering claiming so why not get in touch today?

Calculating Payouts For A North Tyneside Council Data Breach

To give some idea of how much compensation might be paid as non-material damages, we’ve included a table of settlement ranges below. It uses data from the Judicial College publication as solicitors settling personal injury claims may calculate awards this way.

Because of a 2015 hearing at the Court of Appeal a Judge ruled that where a claimant has suffered psychological injuries resulting from a data breach, compensation should be considered. The award will be set using personal injury values.

Edit
Type of Harm Comments Amount
Psychological Harm Severe – The person will have serious problems with future vulnerability and daily life. The prognosis is also poor. £54,830 to £115,730
Psychological Harm Moderately Severe – Despite a more positive prognosis, the person will still significantly suffer with various problems. £19,070 to £54,830
Psychological Harm Moderate – Prognosis is good and person will have experienced marked improvements. £5,860 to £19,070
Psychological Harm Less Severe – How much sleep and other activities were impacted will affect how much is awarded. £1,540 to £5,860
Reactive Psychiatric Disorder Severe – The person will be unable to function the same as pre-trauma due to permanent problems. £59,860 to £100,670
Reactive Psychiatric Disorder Moderately Severe – With professional help there is room for some recovery. But the person is still likely to suffer for a while. £23,150 to £59,860
Reactive Psychiatric Disorder Moderate – A large recovery with only minor symptoms persisting. £8,180 to £23,150
Reactive Psychiatric Disorder Less Severe – Within 2 years the person will have fully recovered. £3,950 to £8,180

Please remember, these figures should only be used as guidance. Each claim is different and the amount awarded will be based on the severity of each injury. If you would like to know more about compensation levels, please call today.

Claim North Tyneside Council Data Breach Compensation On A No Win No Fee Basis

By choosing to claim with Legal Expert if your data breach compensation claim is accepted, your solicitor will work on a No Win No Fee basis. That means that you don’t pay their fees unless you are compensated.

After your case has been reviewed, your solicitor will provide you with a Conditional Fee Agreement (CFA). This will show you what needs to happen before you need to pay any fees to your solicitor. When a case is won, you’ll pay a success fee which is listed in the CFA. It is a fixed percentage of your compensation that’s legally capped to prevent any overcharging.

Want to check if you can claim using our No Win No Fee solution? If so, please call.

Talk To A Solicitor Online

Thank you for reading our guide on steps to take should a  North Tyneside Council data breach occur. If you would like to discuss whether we could help you claim, you can:

We don’t charge for your initial consultation or the advice we’ll provide in it. Therefore, there’s nothing to lose by calling Legal Expert today.

Learn More About Claiming For A North Tyneside Council Data Breach And Compensation Claims

In this section, we have added some links to similar guides and some helpful external resources.

Other Useful Compensation Guides

Below, you can find more useful guides on data breach claims:

If you need any more help and support making a North Tyneside Council data breach compensation claim, get in touch.

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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