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Stolen Phone Data Breach Claims
This guide will explain how to make a stolen phone data breach claim. Organisations often supply their employees with electronic devices. For example, a company may give a busy salesperson a smartphone to help them stay in touch with clients.
However, data protection legislation requires organisations to protect personal data, including data that an employee stores on their company phone. So if a stolen device data breach takes place, the organisation may be liable for any harm caused. If a stolen smartphone data breach has caused you emotional distress or financial losses, you may be eligible to claim compensation. This would be on the grounds of proving the organisation was responsible for the data breach.
Please get in touch with Legal Expert today to enquire about claiming data breach compensation. An advisor can answer any questions you may have about claiming. Moreover, If you are eligible for compensation, we can assign a skilled lawyer to work on your claim. Please use the details below to contact us:
- Call our claims helpline on 0800 073 8804
- Or fill out our contact form, and start your claim online
Stolen phone data breach claims guide
Select A Section
- What Is A Stolen Phone Data Breach Claim?
- Causes Of Stolen Phone Data Breaches
- How To Make A Stolen Phone Data Breach Claim
- Stolen Phone Data Breach Claim Calculator
- Begin Your Stolen Phone Data Breach Claim
What Is A Stolen Phone Data Breach Claim?
A personal data breach is a security incident that compromises personal data protection, including incidents where personal data is lost or stolen. The causes of data breaches can vary. Human error can cause a data breach. Or, a bad actor such as a thief can intentionally breach or expose personal data.
Under the UK General Data Protection Regulation UK GDPR, and the Data Protection Act 2018 organisations must protect the personal and personally sensitive data they process. This means keeping devices that have stored personal data on safe and secure. Also ensuring they are fully password protected and have the latest cyber security defence systems on them. Furthermore, organisations must train their employees to handle personal data securely.
If a phone is left in an insecure location, lost or stolen and contains personal information of a data subject then it can be of an understanding that this data may be breached. If the smartphone does not have a PIN, then anybody who locates the device will be able to access the personal data.
The data may belong to clients, employees or other key stakeholders. To make a data breach claim you must be able to prove how those responsible for your information failed in abiding by data protection laws. Not all data breach victims will be able to make a personal data breach claim.
The victim of a data breach may experience emotional distress. Or psychological injuries such as stress because of a data breach.
You may be eligible to make a data breach claim under the following circumstances:
- Firstly an organisation failed in its adherence to data protection laws, leading to a stolen mobile phone data breach incident.
- Secondly, you experienced emotional distress because of the data breach.
- Or you experienced financial losses because of the data breach. For example, fraudsters may have used your stolen data to target you for identity theft.
Causes Of Stolen Phone Data Breaches
Stolen phone data breaches can be very serious because they can enable unauthorised access to data stored on the device. If the data is sensitive, the breach could be particularly harmful.
As we have mentioned, legislation such as the UK GDPR and the Data Protection Act 2018 requires organisations to protect the personal data they collect from the public. So, if an organisation fails in its duty to secure your personal data the organisation may be liable for the resulting harm.
A stolen phone data breach can happen because of human error. For example, an employee may leave their work smartphone unattended in a public place and because of poor workplace data security, there was no password protection on the phone, meaning anyone who had access to the phone could view all the personal data it had stored on it.
Data Breach Theft Statistics
It is hard to estimate how much data is stolen each year. However, data security incident trends published by the Information Commissioner’s Office (ICO) can give us a good indication:
- In Q3 2021/22, organisations reported 131 data incidents to the ICO involving the loss or theft of paperwork in an insecure location.
- During the same period, organisations reported 44 data incidents to the ICO involving the loss or theft of an electronic device containing personal data.
How To Make A Stolen Phone Data Breach Claim
If an organisation has experienced a personal data breach that puts your rights and freedoms at risk, they should notify you as soon as possible. The organisation should report the data breach to the Information Commissioner’s Office. The ICO may investigate the data breach and fine the organisation responsible.
If you believe you have discovered a breach of your data, please contact the organisation responsible and raise your concerns. The organisation should be able to investigate the matter internally. However, if you are not satisfied with how the organisation handles your complaint, you can report the breach to the ICO. However, please do so within three months of your last correspondence with the organisation. It is unlikely that the Information Commissioner’s Office will investigate an older complaint.
If a lost or stolen device data breach has affected you, you don’t have to wait to claim compensation. We can help you by providing you with a No Win No Fee lawyer to handle your stolen phone data breach claim. Please contact us today, to speak to an advisor.
Stolen Phone Data Breach Claims Calculator
If you wish to make a data breach claim, two types of damages can be awarded in a successful case.
The first head of claim is material damages which compensates you for the money or assets you lost because of the data breach. For example, you may have suffered a loss of earnings if you were psychologically injured after the data breach, and were unable to work for a period of time. In addition, you can claim non-material damages, to compensate you for the emotional distress or mental health injuries the stolen electronic device data breach caused.
The table can help to estimate how much non-material damages data breach compensation you can claim. The compensation amounts are advisory, and if your claim is successful you may receive more or less than what is in the table. So please feel free to call us for a personalised quote.
| Condition | Notes | Compensation |
|---|---|---|
| Anxiety – (A) Severe | Where there have been permanent effects on this person. They are not able to function as they did before the trauma and are unable to work. All areas of this life could be impacted. | £59,860 to £100,670 |
| Anxiety – (B) Moderately Severe | People in this category are distinguished by the claimant having a better prognosis for the future. | £23,150 to £59,860 |
| Anxiety – (C) Moderate | This person should have largely recovered. They may have some symptoms, but these will not be grossly disabling. | £8,180 to £23,150 |
| Anxiety – (D) Less Severe | This person should have made a virtual full recovery in a period between one and two years. | £3,950 to £8,180 |
| Mental Health Condition (A) Severe | There may be serious problems with this person’s ability to cope with all parts of their life. This could affect their relationships, work, education and they have a poor prognosis. | £54,830 to £115,730 |
| Mental Health Condition (B) Moderately Severe | This person has significant problems in the same areas of life as above, but their prognosis for making some degree of recovery is better. | £19,070 to £54,830 |
| Mental Health Condition (C) Moderate | Whilst impacted in a similar way to the person above, they have already made a degree of recovery by the time the claim goes to court. | £5,860 to £19,070 |
| Mental Health Condition (D) Less Severe | Damages are based on how long symptoms lasted and how serious these were. | £1,540 to £5,860 |
We used compensation guidelines from the updated 2022 publication by the Judicial College to create the contents of the table. Data protection solicitors use these guidelines to help value claims. However, your solicitors will consider other pieces of evidence when they value your claim.
How To Make A Stolen Phone Data Breach Claim
Please contact us today, if you would like to make a stolen phone data breach claim. An advisor will be happy to speak to you in-depth about your ordeal. And if you are eligible to claim, we can provide you with a No Win No Fee solicitor.
Why Choose A No Win No Fee Solicitor?
- You won’t pay an upfront solicitor’s fee. Instead, you will pay a success fee if your claim is successful.
- The success fee is legally capped. It is a percentage of your settlement and is taken when the solicitor receives your award.
This No Win No Fee data breach solicitors guide, explains more of the benefits of using No Win No fee solicitors when claiming compensation.
Make A No Win No Fee Data Breach Claim
One of our solicitors could help you make a stolen phone data breach claim on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). Under this type of No Win No Fee contract, your solicitor won’t need a fee to start working on your claim, nor to continue providing their services. Plus, if your claim does not succeed, then your solicitor won’t take a fee for their work.
If your phone data breach claim does succeed, then your solicitor will deduct a success fee directly from your compensation. This fee is taken as a small percentage which is legislatively capped, ensuring that you receive the larger share of your award.
There are many benefits that come with claiming with a solicitor. For example, they could help you gather relevant and compelling evidence to support your personal data breach compensation claim. They can also help ensure that all areas of your claim are fully filed.
To find out if one of our solicitors could help you with your claim, contact our team of advisors today. They can offer a free consultation, in which they will examine your claim and potentially connect you with a solicitor. To get started:
- Calling us on 0800 073 8804
- Start your claim online
- Use the live chat feature
Data Breach Claim Resources
To learn more about data breaches and data theft, please read these online guides.
- Stolen Computer Data Breach Claim
- My Personal Information Was Shared On A Company Email
- Employer Personal Data Breach Compensation Claims Guide
- My Employer Shared My Medical Records Without Consent – Can I Claim?
- Cyber Security Breaches Survey 2022
- Data protection rights, for data subjects
- An ICO guide to whether or not organisations need your consent to share your data
If you have any further questions about a stolen phone data breach claim please contact us today.
Guide By Chelache
Edited By Melissa.
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