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Adoption Data Breach Compensation Claims | Scotland’s People Data Breach Advice
By Danielle Jordan. Last Updated 3rd March 2024. A child adoption data breach can have a destabilising effect on the people who were involved. Often putting the families and the vulnerable children at risk. If you or your family have been impacted by a child adoption data breach, get in contact with us today.
This guide will have information on what you can do if you have been impacted by a data breach, as well as what could cause a breach to happen. We will also look at some different examples of data breach compensation and what evidence is needed to make a personal data breach claim.
We also take a look at the recent Scotland’s People data breach. The Scottish government-owned website recently published the names of every adopted person in Scotland and we look at what you can do if you’ve been affected.
To see if you could claim data breach compensation, get in contact with us today. Our advisors are ready to talk to you about your claim and could connect you to one of our data breach solicitors. You can contact us 24 hours a day, 7 days a week.
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Child Adoption Data Breach Compensation Claims Guide
Select A Section
- What Is A Child Adoption Data Breach?
- The Scotland’s People Adoption Data Breach
- Laws That Protect Children’s And Parent’s Personal Data
- How Could A Child Adoption Data Breach Happen?
- Examples Of Child Adoption Data Breach Cases
- What Can Be Claimed In A Child Adoption Data Breach?
- Start A Data Breach Claim With A No Win No Fee Solicitor
What Is A Child Adoption Data Breach?
When researching about child adoption data breaches you may be wondering what is meant by the term data breach. There are laws in this country that protect specific types of data. Any information that can be used to identify you is protected. So, a personal data breach is when personal information is lost, stolen, destroyed, or altered in a security incident. This identifiable information can also be disclosed or accessed without authority leading to a personal data breach. A personal data breach can be deliberate or accidental.
There are some additional terms it may be useful for you to know as you progress through making a claim.
- A data subject – is a person whom a data controller processes information about
- A data controller – is an organisation that collects the data from the data subject and then determines how that data is used
- A data processor – is a third party who processes data on behalf of the data controller.
There are also time limits when it comes to making a claim for a data breach. These time limits are usually, a 6 year period. It is reduced down to a year for claims against public bodies.
For more information on time limits and how they could affect your child adoption data breach claim. Talk with one of our advisors today.
The Scotland’s People Adoption Data Breach
The Scotland’s People site, a genealogy site owned by the Scottish government, has recently published the details of Scottish adoptees going back almost 100 years, with the most recent names having been adopted as late as 2022. The site is operated by National Records of Scotland (NRS), which is an arm of the government.
The details included the adoptees’ first names, their adoptive surnames, and reference numbers that revealed they were on the adoption register. This information was taken down after 36 hours by the NRS after the mother of an adopted child made a complaint.
How Could The Scottish Government’s Adoption Data Breach Impact People?
The publication of this information could have a significant impact on many families. One mother affected voiced fear that this could allow people to “track down” adopted children by searching their adopted name, which is often shielded through the court process. Similarly, this could cause significant emotional distress to adults and young adults who had no prior knowledge that they were adopted.
Can I Claim Compensation For The Scotland’s People Data Breach?
While the NRS has disputed that the publication of these records constitutes a personal data breach, you may be able to make a claim if your adoption information was made public. As we’ve already mentioned, in order to claim adoption data breach compensation, you must be able to prove that an organisation engaged in wrongful conduct, allowing your personal data to be compromised and causing you harm.
If you’ve suffered harm as a result of a Scottish government adoption data breach, contact our team of advisors today. They can offer more information on data breach compensation claims.
Laws That Protect Children’s And Parent’s Personal Data
There are two main laws in this country that protect a data subject’s personal data. The UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018 both seek to ensure that data controllers act accordingly and within the rights of the data subject when processing personal information.
These laws protect any data that is personal to the data subject and what can be used to identify them. These can be things such as your name, address, and telephone number. They also have determined data that can be classed as sensitive such as a person’s ethnic origin, health information or sexual orientation. This data is classed as special category data and needs even more protection.
Get in touch with us today, our advisors are ready to help you with your child adoption data breach claim. You can ask any questions you need to ask.
How Could A Child Adoption Data Breach Happen?
Some data breaches can be caused by human error. An example of this could be the child’s new address sent to the birth parents in error. This information could include the home address and names of the adoptive parents. The child could have been removed from their birth parents due to neglect. This could put both the child and their adoptive parents at risk.
Another example could be if during the adoption process the biological parents, adoptive parents or child’s personal details were discussed with parties that had no authority to have access to this information. A personal data breach could also be caused if such data is posted, faxed or emailed to the wrong recipient.
For more information about how a child adoption data breach could happen, contact us today. Our advisors can be contacted through the details at the top of the page.
Examples Of Child Adoption Data Breach Cases
It was reported that the details concerning adoptive parents and children who had been adopted had been leaked. Newcastle Council sent out a party invitation that seemed to leak the information. 2,743 individuals’ information was sent to 77 recipients through an email attachment by mistake. Names, addresses and dates of birth were included in the information that was leaked.
Source:https://www.bbc.co.uk/news/uk-england-tyne-40637168
What Can Be Claimed In A Child Adoption Data Breach?
A compensation calculator is a tool that you can use to self-value your claim. Keep in mind that the evaluation from the compensation calculator may change when a data breach solicitor values your claim.
All claims are different, varying greatly depending on the circumstances, severity and impact of the injuries you have been subjected to.
The table below has information from the Judicial College. Figures were collected from the 16th edition of the guidelines that they produced in April of 2022.
| Types of psychological injuries | Brackets for compensation | Injury description |
|---|---|---|
| Psychiatric Injury: Severe | £54,830 to £115,730 | Symptoms have a large impact on the functions of daily life. |
| Psychiatric Injury: Moderately Severe | £19,070 to £54,830 | There will have been major issues at the out set but some recovery is possible. |
| Psychiatric Injury: Moderate | £5,860 to £19,070 | A good recovery. Although, some symptoms remain. |
| Psychiatric Injury: Less Severe | £1,540 to £5,860 | A full recovery is very likely. |
| PTSD: Severe | £59,860 to £100,670 | An effect that is long-lasting or permanent on the person. |
| PTSD: Moderately Severe | £23,150 to £59,860 | Symptoms are significant but can improve with professional help. |
| PTSD: Moderate | £8,180 to £23,150 | A good recovery, however, there would be some lingering effects. |
| PTSD: Less Severe | £3,950 to £8,180 | A full recovery may be achieved. |
Types of Damages
There are two forms of damage. These are:
- Non-Material damages
- Material damages
In 2015, the Court of Appeal heard the case of Vidal-Hall and Others v Google [2015]. This case was concluded with the claimants being able to claim for non-material damage without having to also claim for material damages.
Non-Material Damages
Non-material damages are when the claimant has suffered mental or psychological injuries because of a data breach. For non-material damages, you may be asked to attend a medical assessment. This is to determine the impact of your injuries and their severity. The table above has a selection of the different forms that mental harm can take, along with their severity.
Material Damages
Alternatively, material damages are when the claimant has suffered a loss of finances. You will need to provide evidence of any financial impact the data breach has had on you.
Get in touch with us today, our advisors are ready to help you.
Start A Data Breach Claim With A No Win No Fee Solicitor
If you are eligible to seek child adoption data breach compensation, you may like to instruct a solicitor to work on your claim. One of our specialist data protection breach solicitors could help. They typically provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
When your solicitor works under a CFA, they generally won’t ask for an upfront payment to cover their services. They also don’t ask for ongoing service payments. You also won’t be asked to pay for their work on your case if you are not awarded compensation following an unsuccessful claim.
However, if your claim for a data breach has a successful outcome, your solicitor will take a success fee from your awarded compensation. The amount that can be taken as this fee is a percentage that is capped by the law.
To find out if you are eligible to claim for a breach of the UK GDPR involving your personal data, get in touch with an advisor. If it seems like you have valid grounds for starting a claim, they could pass you onto one of our solicitors.
To speak to an advisor:
- Fill in our ‘contact us’ form for a call back.
- Ask a question in our live webchat.
- Call 0800 073 8804
Related Data Breach Resources
Across Legal Expert, there is a wide range of articles and guides that you could look through, however, we have gathered some relevant information that could expand your knowledge.
- Children in care data breach compensation claims
- Medical records data breach
- Lost or stolen device data breaches
- Counsellor data breach claims
Additionally, we have collected some external resources as well for you to have a read through.
- ICO – Minimise the risk of personal data breaches
- Gov.UK – Data Protection Complaints
- Gov.UK – What To Do After a Data Breach
Furthermore, if you need any further advice on a child adoption data breach, contact us today.
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