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Social Services Sent Letter To Wrong Address – Can I Claim?

Are you reading the guide because social services sent a letter to the wrong address revealing your personal details? Throughout this guide, we will look at what personal data is, what laws seek to protect it and what it means to have your personal information breached. Data breaches can affect people in all different ways from mental distress to financial losses. We will explore how compensation can reimburse for the harm a personal data breach can cause. At the end of this guide, we will look at how our professional No Win No Fee solicitors could help.

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Social services sent a letter to the wrong address, can I claim?

When social services process personal data they become what is known as data controllers. As a result of this, they are bound by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These are the main pieces of legislation when it comes to data protection. 

To learn more, we recommend speaking to our advisors. They can provide free and relevant legal advice, and if they deem your case has strong grounds for success they may be able to put you in contact with one of our expert solicitors. Get in touch today by: 

Select A Section

  1. Steps To Take If Social Services Sent Letter To Wrong Address
  2. What Could Cause A Social Services Letter Data Breach?
  3. What Information Could Be Contained In A Social Services Letter?
  4. How Could Data Breaches Impact You?
  5. A Letter To The Wrong Address What Could I Claim?
  6. Call Our Team To See If You Could Claim If Social Services Sent A Letter To The Wrong Address

Steps To Take If Social Services Sent A Letter To The Wrong Address

According to the Information Commissioner’s Office (ICO), any personal data breach that could impact your rights or freedoms must be reported within 72 hours, and you must be made aware as soon as possible.

If you suspect that social services have sent a letter to the wrong address, you can contact them directly. They should inform you if any of your personal data has been involved in a data breach and what information was breached.

If a personal data breach does occur you can report the data controller to the ICO to have it investigated. The ICO will not investigate every single complaint they receive nor do they award compensation to data breach victims. They can impose a fine upon organisations found to be in breach of data protection law.

If social services sent a letter to the wrong address does this mean personal data has been breached? Personal data is anything that can be used to identify you or be used in conjunction with other information. This can include your name, address or other contact information such as an email or phone number. Data protection laws seek to protect this type of information. Therefore data controllers must abide by data protection law to avoid personal information being breached. 

What Is A Wrong Postal Address Data Breach?

A personal data breach is a security incident that affects the integrity, availability, or confidentiality of your personal data. This refers to any information that could identify you, such as your name, phone number, or email address. 

A wrong postage address data breach is a type of personal data breach in which a letter containing personal data is sent to the wrong address, allowing the data to be accessed by unauthorised persons. 

In order to make a valid personal data breach claim for a letter sent to the wrong address, you will need to show how the data controller did not abide by data security laws, what personal data was breached and how this has harmed you. Our advisors can answer any questions on this.

How Many People Were Affected By Data Breaches?

According to the ICO’s data security incident trends, in Q4 of 2021/22, there have been 2,172 data security incidents, 217 of which have included personal data being faxed or posted to the wrong recipient. 

What Could Cause A Social Services Letter Data Breach?

Data breaches can happen in many different ways and be caused by cybercriminals hacking into databases and online files. However, the majority of data breaches are caused by human error.

How Could A Letter Be Sent To The Wrong Address?

  • Outdated records: If you have given the correct address but the data controller has failed to update your records accordingly.
  • Administrative error: Even if your correct address is on file, an employee could accidentally print the address of another service user onto a letter meant for you.

To learn more about how a letter containing personal information could be sent to the wrong address, contact our advisors today.

What Information Could Be Contained In A Social Services Letter?

Due to the nature of social services work they will have access to lots of personal data of service users. They will also handle information that is considered special category data.

Special category data needs extra protection this is because it is considered sensitive information such as:

  • Religion and philosophical beliefs 
  • Nationality and ethnicity
  • Political beliefs
  • Trade Union membership
  • Biometric and genetic data
  • Health, sexual health and sexual orientation data

Our team of expert advisors are here to help. Call today to get free legal advice.

How Could Data Breaches Impact You?

Social services very often deal with vulnerable children or young adults. The reason for their intervention can be for a variety of different issues. The information that they collect can be highly confidential and very sensitive. This can include information relating to abuse, cruelty or violence against a vulnerable person. Should this type of information be breached it could cause great distress to different parties, many of whom are already suffering. 

If social services sent a letter to the wrong address, speak to our advisors today. They could assess your case for free and provide any answers to your outstanding questions. 

A Letter To The Wrong Address What Could I Claim?

Successful data breach claims could be awarded two types of data breach compensation. For example: 

  • Material damages: The financial harm you have suffered such as stolen money from a bank account, theft or fraud.
  • Non-material damages: The mental fallout from your data breach, including the possible psychological afflictions like anxiety, stress, depression, paranoia and post-traumatic stress disorder (PTSD).

The 2022 edition of the Judicial College Guidelines (JCG) outlines the potential compensation brackets for non-material damages. The JCG often helps legal professionals value personal injury claims. Following the ruling of Gulati & Others v MGN Limited (2015), you may now claim non-material damages in line with the guidelines in the JCG.

However, the amount you may receive depends on a number of circumstances. Because of this, the actual amount of compensation you could receive may differ from the figures below.

Edit
Injury Compensation Notes
Severe psychiatric damage in general (a) £54,830 to £115,730 There are major issues with daily life, work or education. The prognosis is poor even with professional help.
Moderately severe psychiatric damage in general (b) £19,070 to £54,830 The person has a slightly better prognosis than above, however there will be significant issues for the foreseeable future.
Moderate psychiatric damage in general (c) £5,860 to £19,070 An overall good good recovery any remaining symptoms will not be major.
Psychiatric damage in general, less severe (d) £1,540 to £5,860 The award considers disability and how it has affected the individual’s daily routine.
Severe post-trauma stress disorder (a) £59,860 to £100,670 Permanent and significant issues with all areas of life. Again a poor prognosis.
Moderately severe post-trauma stress disorder (b) £23,150 to £59,860 The individual’s prognosis has improved, but there are future severe disabilities existing.
Moderate post-trauma stress disorder (c) £8,180 to £23,150 In the case of a large recovery and any symptoms are not majorly disabling.
Less severe post-trauma stress disorder (d) £3,950 to £8,180 During a two-year period, a full recovery has taken place.

As a result of the Court of Appeal ruling in the Vidal-Hall & Others v Google Inc. (2015) case, you can now claim for non-material damages without claiming for material damages alongside this. 

If you have questions about the personal data breach compensation process, talk to our advisors today. They can provide free legal advice and further guidance.

Call Our Team To See If You Could Claim If Social Services Sent A Letter To The Wrong Address

A data breach claim can be a tricky area of law, and you may benefit from legal guidance. Our advisors can help you understand your case, potentially connecting you with one of our expert solicitors.

Our solicitors work under a Conditional Fee Agreement (CFA) to make accessing legal representation more affordable. This is because you do not pay upfront costs when hiring a CFA lawyer, and you do not pay their success fee if your claim fails.

A CFA lawyer is paid a legally-capped success fee if your claim succeeds. This is a small part of your compensation award. 

If you would like to benefit from our CFA lawyers, then talk to our advisors today by:

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