Can My Family Claim If Our Personal Data Has Been Breached?
Has your or your family’s personal data been involved in a data breach? Are you wondering whether you can make a claim for family data breach compensation?
Family Data Breach Compensation Claims Guide
This guide will examine the claims process. We’ll look at how data breaches can happen and what data can be involved. If your personal data breach claim is successful, two types of damages are open for you to receive compensation for.
Our advisors are available to offer free advice on your claim. If they can see that your case has good solid grounds, they will ask if you would like one of our No Win No Fee data breach solicitors to work on your case for you.
Here is how you get in touch with us:
- Phone: 0800 073 8804
- Website: Contact us today
- Live chat: Message us today
Select A Section
- Can We Claim Family Data Breach Compensation?
- What Types Of Data Are Protected By Law?
- How A Personal Data Breach Could Impact You
- Can My Family Claim For A UK GDPR Breach If Our Personal Data Has Been Breached?
- How Much Can My Family Claim For A UK GDPR Breach If Our Personal Data Has Been Breached?
- Call Us To See If You Can Claim For Family Data Breach Compensation
Can We Claim Family Data Breach Compensation?
UK Residents’ personal data is primarily protected by two main pieces of legislation: the UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018. Any data that can identify you or be used with other information to reach the same result is protected by these regulations. Also, a type of personal data that tells something about you called special category data is also protected.
Under the UK GDPR, you, the data subject, have the right to make a personal data breach claim against a data controller, i.e. an organisation that says why and how your personal data should be used or processors that process on behalf of data controllers if your case meets specific criteria:
- The organisation responsible for your personal information failed in its legal obligation to keep it secure.
- Personal data or special category data was breached,
- You suffered mental and/or financial damages as a result
There are also specific time limits for personal data breach claims. Data breach claims must be started within 6 years. However, this is reduced to 1 year when making a claim against a public body.
Contact us today for more information on if you can make a claim for family data breach compensation.
What Types Of Data Are Protected By Law?
Personal processed data and a type of personal data known as special category data are both protected by data security laws. Here are examples of personal data;
- Home address
- Email address
- Phone numbers
- Full names
- Passwords
Special category data would include the likes of medical records, ethnicity and ethnic origin, Trade Union membership and religious beliefs. This list is by no means exhausted however, this particular type of data requires even more protection due to its sensitive nature.
If an organisation or a company has breached your or your family’s personal data and you have evidence of this taking place, contact us today. We can assess whether family data breach compensation is possible.
How A Personal Data Breach Could Impact You
A data breach could affect you in a number of different ways. It could have a psychological impact if personal and sensitive information is breached, and there is a risk of it being exposed. Stress can be considered as one of the potential consequences of a data breach.
Likewise, if credit or debit card details are breached, that could cause you to suffer financial losses. Even the worry of suffering financial losses can cause mental health issues.
It could also make you more vulnerable to identity theft and fraud. Unfortunately, many data breaches can occur due to human error.
Talk to us today for more information on how a data breach can impact you. Our advisors are trained in giving free advice and guidance about personal data breach claims.
Can My Family Claim For A UK GDPR Breach If Our Personal Data Has Been Breached?
When making a claim for a personal data breach, you can take steps to strengthen your claim. You will need evidence to prove that the organisation failed in its obligation to correctly protect your personal data. Also, you will need evidence of how you suffered as a consequence of the breach.
You can start to gather evidence by contacting the organisation you hold responsible for the data breach. Additionally, You can ask whether a breach has taken place and, if so, what information has been breached.
You have the right to report a data breach incident to the Information Commissioner’s Office (ICO) if the organisation fails to reply or does not offer a satisfactory explanation.
Any organisation that suffers a data breach that affects your rights and freedoms must let you know about it as soon as possible. It must also inform the ICO within 72 hours.
The ICO has the power to open an investigation into the company. Also, the ICO can issue fines to those companies found to be at fault for a data breach.
Contact us today for more information on whether you have valid claim for family data breach compensation.
How Much Can My Family Claim For A UK GDPR Breach If Our Personal Data Has Been Breached?
Successful personal data breach claims allow the claimant to be compensated for two types of damages. Firstly, we have material damages that compensate for your financial losses.
Secondly, non-material damage will award damages for the psychological suffering that has been caused.
The table has been created from the information in the 16th edition of the Judicial College Guidelines (JCG). The JCG is a publication that lists injuries and illnesses alongside compensation brackets. It is used by legal professionals in civil claims.
| Psychological Issues | Compensation brackets | Description |
|---|---|---|
| Post-Traumatic Stress Disorder: Severe | £59,860 to £100,670 | In this category the symptoms of PTSD are permanent and the effects have a long-lasting impact on a person’s mental health. |
| Post-Traumatic Stress Disorder: Moderately Severe | £23,150 to £59,860 | The symptoms very much reflect the severe category however if the claimant seeks professional help there is room for recovery. |
| Post -Traumatic Stress Disorder: Moderate | £8,180 to £23,150 | The claimant will be able to largely recover there may be symptoms that continue but they will not be significant. |
| Post-Traumatic Stress Disorder: Less Severe | £3,950 to £8,180 | A recovery will be made, however some effects that continue may be minor. |
| Mental Harm: Severe | £54,830 to £115,730 | Severe issues with social life, relationships and work life will all be present. The symptoms will very likely be permanent. |
| Mental Harm: Moderately Severe | £19,070 to £54,830 | Severe issues with social life, relationships and work life will all be present. However the claimant will have a more positive prognosis. |
| Mental Harm: Moderate | £5,860 to £19,070 | The symptoms have already made significant improvements. |
| Mental Harm: Less Severe | £1,540 to £5,860 | Awards will take into account how the claimant’s daily life has suffered. |
If you need any more information on the different types of damages, get in touch with us today.
Call Us To See If You Can Claim For Family Data Breach Compensation
Should you have a strong valid claim, our No Win No Fee data breach claim solicitors can offer to take on your case.
This will usually mean you signing a Conditional Fee Agreement. With this type of fee arrangement it generally means;
- Firstly, no upfront solicitor’s fee
- Secondly, if the case is successful and you are awarded compensation, a maximum percentage of 25% is taken as a success fee.
- Lastly, if the claim does not succeed, there is no success fee to pay.
Contact us today. Our team of advisors are available 24/7, offering free advice and guidance for your claim.
How you can get in contact with us:
- Website: Contact us through our online contact form
- Phone: 0800 073 8804
- Live chat: Message us today
Family Data Breach Compensation Resources
If you have been a data breach victim, take a look at these additional resources we’ve gathered.
- Bank data breach compensation claims
- Nursery data breach compensation claims
- Hotel data breach compensation claims
Additionally, we have some external links for you to have a read through. They can provide additional information on what you can do if you believe that you have been impacted by a data breach.
- ICO – Report a breach
- ICO – How to minimise the risk of a personal data breach happening
- ICO – Make a complaint
To conclude this article, if you believe that you have been a victim of a data breach and are looking for family data breach compensation, then you can contact us today.
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