In this guide, we will look at what could be meant by a debt collection UK GDPR data breach. But first, let’s look at the laws that protect your personal data; the UK General Data Protection Regulation UK GDPR and Data Protection Act 2018 DPA are key pieces of data protection legislation for UK residents. Debt collection companies, if dealing with personal data, must ensure that it is protected in accordance with the UK GDPR.
If a debt collection data breach has harmed you, please get in touch with Legal Expert today. Our advisors can go through the merits of your case and see if you could be eligible for data breach compensation.
Please get in touch with us today to make your enquiry:
- Call us on 0800 073 8804
- Use our online claims form to write to us
- Or ask us a question in confidence via our Live Support widget
Select A Section
- What Are Debt Collection UK GDPR Data Breach Compensation Claims?
- How Could Debt Collectors Breach Your Data?
- What Data Could A Debt Collector Need Access To?
- What Is Sensitive Data?
- How Are Debt Collection UK GDPR Data Breach Compensation Claims Calculated?
- No Win No Fee Debt Collection UK GDPR Data Breach Compensation Claims
What Are Debt Collection UK GDPR Data Breach Compensation Claims?
A personal data breach is generally a security problem that has meant your personal data’s integrity, confidentiality, and availability have been comprised. If your personal data happens to get lost, be stolen, is altered, accessed without authority or verbally disclosed accidentally or unlawfully, then this said data has been breached.
However, that said, not all those who suffer financial or mental illnesses because of a data breach will be eligible to make a claim.
Under Article 82 of the UK GDPR, to be entitled to make a debt collection data breach compensation claim, you must meet the following criteria:
- Firstly a debt collection business failed in its legal obligation to comply with data protection laws.
- Consequently, this meant that identifiable data was breached, and
- As a result, you suffered lost money or mental hardship.
To find out if you have a valid debt collection UK GDPR data breach claim, call our advisors for free advice.
How Could Debt Collectors Breach Your Data?
A debt collection data breach could occur under the following circumstances:
- A debt collector allows an authorised party to access your personal data
- The debt collector processes your personal data without a lawful basis to do so.
- An employee of the company lost personal data when their phone was stolen
- An email containing your personal data is sent to the wrong recipient
- Or a debt collector sends personal data to the wrong person. For example, a debt collector may send a bill to the wrong address.
- A phishing attack may happen, whereby a fraudster impersonates another party to request information. Businesses can train their staff to spot and avoid these attacks.
To find out if you could make a personal data breach claim against a debt-collecting company, please call our advisors today and receive free legal advice.
What Data Could A Debt Collector Need Access To?
A debt collection data breach could breach your personal data. Personal data is information that identifies a person. You may experience stress if your personal data is breached. Moreover, a breach of your personal data can lead to financial losses.
Examples of personal data:
- Names
- Address
- Date of birth
- Email address
- Phone number
- Bank account
- Debit card
- Credit card
- Password
Data controllers tend to be organisations that say why and how data processing should take place. Sometimes they can hire a company to process the data on their behalf, known as a data processor. Both of these entities must comply with data protection laws. If there is a failure to adhere, then they become liable should a data breach cause you harm. Call our advisors to find out more.
What Is Sensitive Data?
As we have mentioned in the previous section, personal data is data that can identify you alone or in conjunction with other information as a living person. However there is also another type of personal information that tells you about the person that is considered sensitive and needs more security. This is known as special category data.
Special category data can include:
- Racial or ethnic background
- Sexual orientation or personal data about your sex life.
- Biometric or genetic data
- Religious or philosophical beliefs
- Trade union status
- Health data
In order to legally process personal data, a lawful basis must be met. There are 6 in total. However, to process special category data as well as establishing a lawful basis under Article 6 of the UK GDPR, you must also satisfy a condition for processing under Article 9. If a company fails to do this, they are in breach of the UK GDPR.
How Are Debt Collection UK GDPR Data Breach Compensation Claims Calculated?
You can potentially receive up to two heads of loss if your personal data breach claim for compensation is successful. These are:
- Material damage is the financial loss you have suffered, such as money stolen from accounts or damage done to your credit score.
- Non-material damage is the psychiatric injuries or emotional distress you experienced because of the data breach. This can include stress, anxiety, depression or even post-traumatic stress disorder.
We have used the compensation brackets from the 16th edition Judicial College Guidelines JCG in the table below. What’s more, the Judicial College has updated its guidelines for 2022. The JCG is used by lawyers and solicitors when valuing non-material damage.
| Mental Health Effect | Notes On The Injury | Guidelines From The Judicial College |
|---|---|---|
| Mental Injuries – Severe | The injury may have led to severe issues with daily life such as in relationships, education and employment. Medically, there is a poor prognosis. | £54,830 to £115,730 |
| Mental Injuries – Moderately Severe | The person still faces considerable issues with education, employment and relationships. They do have a more optimistic outlook for the future. | £19,070 to £54,830 |
| Mental Injuries – Moderate | Overall there are improvements but significant issues will have been faced beforehand. | £5,860 to £19,070 |
| Mental Injuries – Less Severe | How long any disability lasts will affect the amount of damages awarded. | £1,540 to £5,860 |
| Anxiety Disorder – Severe | There will be no return to life as it was before the PTSD symptoms began. | £59,860 to £100,670 |
| Anxiety Disorder – Moderately Severe | If this person seeks professional help they could make a level of recovery. | £23,150 to £59,860 |
| Anxiety Disorder – Moderate | A significant amount of recovery will have occurred by the time of a trial. Remaining symptoms are minor. | £8,180 to £23,150 |
| Anxiety Disorder – Less Severe | Between a 1 to 2 year period the person is almost recovered. | £3,950 to £8,180 |
The table does not include material damage. Because each compensation claim is unique, if your claim succeeds, the final settlement may differ from the compensation amounts in the table.
No Win No Fee Debt Collection UK GDPR Data Breach Compensation Claims
To find out if your claim for a debt collection UK GDPR data breach is valid, please contact Legal Expert today, and an advisor will speak to you about your case. If they can see that you have a good chance of being g awarded compensation, they can assign one of our expert No Win No Fee skilled data breach solicitors to your case.
A type of No Win No Fee agreement is known as a Conditional Fee Agreement CFA. Generally, under these terms, there are no fees for you to pay your solicitor upfront. If the claim fails, you do not pay for the service the solicitor has provided you with. However, should you be successful in your case, the solicitor will deduct a success fee from the compensation awarded at a capped rate and send the rest to you.
To find out more about No Win No Fee agreements, call our advisors today for free legal advice.
Please contact Legal Expert today to see if you can claim data breach compensation:
- Call our compensation helpline, dial 0800 073 8804
- Or fill out our online claims form to make your enquiry
- Otherwise, please use our Live Support widget to chat online with an advisor
All communications with us will be in the strictest of confidence.
Related Personal Information Breach Claims
The following information may be of interest to you.
Credit Score Data Breach Claims Guide
Wrong Email Address Data Breach Claims Guide
Bank Data Breach Compensation Claims Guide
Cyber Security Breaches Survey 2022 – a report from the UK government
10 Steps to Cyber Security – A National Cyber Security Centre Guide
Credit – an ICO guide to your personal data and credit reference agencies
We are thankful you have read our debt collection UK GDPR data breach claims guide.
