My Personal Data Was Sent To An Ex Partner – What Are My Rights?
Has your personal data been sent to an ex-partner? If you experience psychological or financial harm as a result of an organisation failing to comply with data protection law, you may be able to make a claim for compensation.
In this guide, we will explain what a personal data breach is, and how your personal data could be sent to your ex-partner by mistake. We will also look at the impact that a personal data breach can have on an individual. Additionally, we will advise you on what you can do if your personal data has been compromised.
To find out if you could have a valid personal data breach claim, get in touch with our team of friendly advisors today. If they find your claim to be valid, they may put you in contact with one of our expert solicitors.
Get in touch today by:
- Contacting us online
- Calling us on 0800 073 8804
- Messaging an advisor through the Live Chat feature
Select A Section
- What Is A Personal Data Breach?
- How Could An Ex Partner Be Sent Your Personal Data?
- Personal Data Sent To An Ex Partner – What Could Be The Impact?
- Ex Partner Data Breach Case Study
- Data Breach Compensation Amounts
- Make A No Win No Fee Claim After Personal Data Was Sent To An Ex Partner
What Is A Personal Data Breach?
A personal data breach is when the confidentiality, availability, or integrity of your personal data is compromised in a security incident. Personal data is anything that could identify you, either alone or in tandem with other information. For example, your full name, phone number, or postal address.
There are two main pieces of legislation that protect the personal data of UK citizens. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). If an organisation fails to comply with this legislation, and your personal data is sent to your ex partner as a result, you may be able to make a claim.
To make a personal data breach claim, you must be able to prove that:
- The breach caused you harm, either psychologically or financially
- The breach was a result of the organisation’s failings
Contact our advisors today to find out if you have a valid claim, or for free and helpful legal advice.
How Could An Ex Partner Be Sent Your Personal Data?
There are a number of ways that your ex partner may be sent your personal data accidentally i.e. as a result of human error. For example, a letter could be sent to the wrong address, or your personal data may not have been redacted when it should have been.
Below, you can find some examples of certain types of data that could be sent to your ex partner through human error.
Medical Records Data Breaches
Health and medical data fall under a type of personal data called special category data. This requires extra protections under data protection law. If an ex partner receives personal medical data, this could cause significant stress and anxiety. Medical letters, hospital appointments and results could be sent to the wrong postal address or email address if administration staff fail to update your records when you provide them with your new contact details. Information such as contact details and home address can be included on the medical records documentation.
Financial Data Breaches
Financial data breaches can also cause significant stress and anxiety, as well as monetary damages. For example, a bank or other financial institution could send information to the wrong postal address even after you informed them of your new address. In this case, your ex partner could have access to your bank statement, which can include many kinds of personal data.
To learn more about how your personal data could be sent to your ex partner, and how you could be able to claim, contact our advisors today.
Personal Data Sent To An Ex Partner – What Could Be The Impact?
The impact of a personal data breach can be significant, both in terms of financial well-being and mental well-being. For example, a victim of domestic abuse may experience intense PTSD, anxiety, and stress if personal data such as their new address or contact details are sent to their ex partner.
You may also experience financial damage. For example, if your ex partner receives financial information such as your bank statement, or a new debit or credit card with PIN information. This could lead to unlawful withdrawals or access to your account, as well as fraud.
To find out if you could claim for psychological or financial harm after your personal data was sent to a partner or ex-partner, contact our team today.
Ex Partner Data Breach Case Study
A mum of three left her ex partner and relocated to a new address due to domestic violence. Following the move, her children were enrolled into a new school.
According to a report, the new school then disclosed the enrolment of the children to the ex-partner. Following this, the ex-partner proceeded to enter the school premises and was able to obtain the new address of the woman. This then allowed him to harass them at their home address, causing the victim to experience anxiety and paranoia.
Following a court case, against Hampshire County Council she was awarded £10,000 in damages.
(Source: https://www.portsmouth.co.uk/news/crime/mum-of-three-wins-legal-data-breach-fight-against-hampshire-county-council-after-school-in-havant-gives-ex-partner-her-address-3364413)
Data Breach Compensation Amounts
There are two heads of claim you may wish to pursue in your personal data breach claim: these are material damages, and non-material damages.
Material damages address the financial impacts of the personal data breach. For example, if your banking information was sent to your ex partner, this could allow them to make unlawful withdrawals from your account. Or, they may take out a loan under your name, causing damage to your credit score.
Non-material damages cover the psychological effects of the breach, including stress, anxiety, and PTSD. The table below shows some guideline compensation figures for non-material damages, taken from the 2022 edition of the Judicial College Guidelines (JCG).
Types of illnesses | Compensation Bracket | Description |
---|---|---|
PTSD: Severe | £59,860 to £100,670 | No ability to function at the pre-trauma level. |
PTSD: Moderately Severe | £23,150 to £59,860 | There are significant and disabling effects, but with a better prognosis. |
PTSD: Moderate | £8,180 to £23,150 | A recovery has been largely achieved but the remaining effects aren’t disabling |
PTSD: Less Severe | £3,950 to £8,180 | A full recovery has been achieved within one to two years. |
Psychological injury: Severe | £54,830 to £115,730 | Severe issues coping with day-to-day life. |
Psychological injury: Moderately Severe | £19,070 to £54,830 | An optimistic prognosis despite significant effects remaining. |
Psychological injury: Moderate | £5,860 to £19,070 | A good prognosis, with symptoms showing improvement by the time of trial. |
Psychological injury: Less Severe | £1,540 to £5,860 | Consideration given to length of injury, and any remaining effects. |
It’s important to note that the figures provided are not guaranteed amounts, and the amount you could receive can vary. To learn more, contact our advisors today. They can provide a free estimate of what your claim could be worth.
Make A No Win No Fee Claim After Personal Data Was Sent To An Ex Partner
Our solicitors provide a No Win No Fee service under a Conditional Fee Agreement (CFA). Under a CFA, you do not pay any ongoing fees, nor do you pay for your solicitor’s services upfront. You only pay for the solicitor’s fees if your claim is successful, in which your solicitor will take a capped amount of your compensation.
To find out how one of our experienced solicitors could help guide you through your claim, get in touch with our advisors today by:
- Contacting us online
- Calling us on 0800 073 8804
- Messaging an advisor through the Live Chat feature
Resources
For more helpful guides, we recommend:
- Nursery data breach compensation claims
- Dentist data breach compensation claims guide
- Hotel data breach compensation claims
- Sickness At Work Data Breach Compensation Claims
- UK GDPR Breach Compensation Claims
- Child Custody Data Breach Claims
- Estate Agent Data Breach Claims
- Civil Nuclear Constabulary Data Breach Claims
Or, for more helpful information:
- ICO – Report a breach
- ICO – How to minimise the risk of a personal data breach happening
- ICO – Make a complaint
For more information on what to do if your personal data was sent to your ex partner, contact us today.