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Solicitor’s Client Care Letter Data Breach Compensation Claims Guide
Are you dealing with a solicitor’s client care letter data breach? If a personal data breach compromises your and you experienced harm as a result of this, this guide explains how you can start a claim.
Solicitor’s client care letter data breach claims guide
In the UK, the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) lay out the rules all organisations that process the personal data of UK residents must adhere to.
Furthermore, any organisation that fails to adequately safeguard and protect the personal data of UK residents could be investigated and fined by the Information Commissioner’s Office (ICO).
In this article, we will explain who could be eligible to make a personal data breach claim, as well as how compensation amounts are calculated. Our advisors are available to offer free legal advice and answer any further questions you may have when you:
- Call our team on 0800 073 8804
- Contact us online and we can call you back
- Or use the ‘live support’ option
Select A Section
- What Is A Solicitor’s Client Care Letter Data Breach?
- A Client Care Letter – What Does It Include?
- How Could A Solicitor’s Client Care Letter Data Breach Happen?
- How Long Do Solicitors Have To Report A Data Breach?
- Solicitor’s Client Care Letter Data Breach Compensation Calculator
- No Win No Fee Solicitors Client Care Letter Data Breach Claims
What Is A Solicitor’s Client Care Letter Data Breach?
A solicitor’s client care letter is a summary for the client of a solicitor that details how their claim is going to be dealt with. It can explain the process ahead and provide the client with appropriate contact details to discuss the progress of their case or raise concerns.
Client care letters may contain personal data. Personal data is any piece of information that can be used alone or with other details to identify you. This can range from simple name, address and contact number to special category data. This type of personal data requires greater protection because it is sensitive.
A personal data breach is a security incident in which your personal data’s integrity, confidentiality or availability is compromised. However, not all personal data breaches can form the basis of a successful claim. According to the UK GDPR, in order to claim, you must be able to prove that:
- The breach was a result of failings on behalf of the data controller or processor
- You experienced harm due to the breach
- Your personal data was compromised by the breach
To find out if you could be eligible to claim for a solicitor’s client care letter data breach, contact our team of advisors today.
A Client Care Letter – What Does It Include?
A client care letter could include both personal data and special category data. Personal data that could appear in a client care letter can include:
- Your full name
- Postage address
- Email address
- Date of birth
However, client care letters may also include special category data, such as:
- Your sexuality
- Race or ethnicity
- Trade union membership
- Health data, such as medical conditions
- Religious views
- Political views
If your personal information has been compromised in a solicitor’s client care letter data breach, contact our advisors today. They offer free legal advice, and may connect you with one of our expert solicitors.
How Could A Solicitor’s Client Care Letter Data Breach Happen?
A solicitor’s client care letter data breach could happen in several ways. To help avoid data breaches, a solicitor’s office should ensure that all staff with personal data access are trained in data protection. This could help reduce the risk of a human error data breach.
Some examples of how a personal data breach could occur through a client care letter include:
- An employee sends the letter to the wrong postal address
- The letter is sent via email to the wrong person
- Information written in the letter is verbally disclosed to an unauthorised party without a lawful basis
Speak to our advisors now for help on what evidence you could submit if your personal data was compromised in a data breach.
How Many Data Breaches Happen In The Legal Sector?
The statistics below from the ICO show how legal data breach security incidents compare to other sectors in the fourth financial quarter 2021/22:
How Long Do Solicitors Have To Report A Data Breach?
Solicitors and law firms must report a data breach to the ICO within 72 hours if it could infringe on your rights or freedoms. They should also inform the client without undue delay.
The data subject also has the right to complain to the ICO at any point if they believe their personal data has been breached. Those that choose to do this should wait no longer than 3 months from their last communication with the organisation to contact the ICO.
Our advisors can give you more help surrounding the time limits for reporting a personal data breach when you contact our team.
Solicitor’s Client Care Letter Data Breach Compensation Calculator
Solicitor’s client care letter data breach claims can consist of two types of damage. Material damage provides compensation for the financial impacts of a personal data breach.
For example, a breach of your bank details could lead to funds being stolen from your account. Or, it could lead to damage to your credit score. If you can provide proof of these losses, then you may be able to recoup them under material damage.
Solicitor’s Client Care Letter Data Breach – Non-Material Damage
Non-material damage is the head of your claim that refers to the psychiatric injuries you sustain due to a personal data breach. For example, the stress of a data breach may lead to anxiety, depression, or post-traumatic stress disorder (PTSD).
The table below includes figures taken from the Judicial College Guidelines (JCG). This is a document that often helps professionals in valuing compensation claims. The JCG contains guideline amounts for settlement awards. These amounts represent various injuries.
| Definition of Psychiatric or Psychological Harm | Award Bracket | Notes |
|---|---|---|
| Psychiatric Injury | £54,830 to £115,730 – (A) Severe | There is a poor prognosis and marked issues with work, relationships and education. |
| Psychiatric Injury | £19,070 to £54,830 – (B) Moderately Severe | Symptoms are similar to the case above, though the prognosis is better. |
| Psychiatric Injury | £5,860 to £19,070 – (C) Moderate | There are significant improvements in symptoms by the time of trial. |
| Psychiatric Injury | £1,540 to £5,860 – (D) Less Severe | Consideration is given to the effect on daily activities and how long symptoms last. |
| Reactive Anxiety Disorder | £59,860 to £100,670 – (A) Severe | Severe symptoms lead to a permanent inability to function or work as they would have before the trauma. |
| Reactive Anxiety Disorder | £23,150 to £59,860 – (B) Moderately Severe | Similar symptoms to the bracket above but some improvement after professional treatment. |
| Reactive Anxiety Disorder | £8,180 to £23,150 – (C) Moderate | Only non-disabling symptoms persist following a large recovery. |
| Reactive Anxiety Disorder | £3,950 to £8,180 – (D) Less Severe | Nearly a full recovery within 1 – 2 years with very minor issues only persisting beyond this point. |
However, it is important to note that these figures are not guarantees, they are only guidelines. This table only provides guideline figures for non-material damage amounts. Speak to our team for a free estimate of your solicitor’s letter data breach claim.
No Win No Fee Solicitors Client Care Letter Data Breach Claims
If you would like to make a personal data breach claim, you may be wondering if you can hire legal representation. Our expert No Win No Fee solicitors offer their services through a Conditional Fee Agreement (CFA). When you hire legal representation through a CFA, this usually will mean that you do not pay any fees to your solicitor. This includes upfront costs and ongoing fees throughout your claim.
Generally, the only fee you pay to your solicitor under a CFA is a success fee, and only if your claim is successful. If it isn’t, you don’t pay this fee.
Contact our team today to learn more about how one of our expert solicitors could help you by:
- Calling us on 0800 073 8804 to get started
- Using the ‘live support’ option below
- Or contact us online
Learn More About Personal Data Breaches
For more helpful resources, we recommend:
Or, for more informative guides:
- Police data breach compensation claims
- Criminal convictions exposed in a data breach
- Private healthcare medical data breach claims
- Find out what to do after a breach of your passport data with our guide.
Written by Waters
Edited By Hampton/Brown
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