In this guide, we aim to explore when you may be eligible to claim following a lost files data breach. There are several types of personal data could be contained within files held by organisations. The information can depend on the organisation and nature of the personal data they are processing. However, the organisations have a responsibility as per data breach law to protect your personal data. This guide will explore their responsibilities in further detail and the steps you can take should they fail to uphold these responsibilities.
Lost files data breach claims guide
Additionally, this guide will provide examples of how files containing personal data could be lost and the type of personal data that could be compromised as a result.
Furthermore, this guide will explore the compensation you could receive should your claim succeed.
If you have any additional questions after reading, please get in touch with our team. To contact an advisor, you can:
- Speak to an advisor via our live chat function at the bottom of the page.
- Call our team on 0800 073 8804
- Complete our online contact form with details of your query.
Select A Section
- What Is A Lost Files Data Breach?
- Why Do Organisations Collect Data?
- What Files And Data Do Organisations Hold?
- Causes Of Lost Files Data Breach Incidents
- Lost Files Data Breach Compensation Calculator
- Contact Us To Make A No Win No Fee Claim
What Is A Lost Files Data Breach?
The Information Commissioner’s Office (ICO) is an independent body that is in place to uphold a data subjects rights and freedoms. This involves them ensuring data controllers and processors are adhering to data protection law.
Data controllers decide how and why they are processing your personal data and can process data themselves. Data processors process personal data on behalf of the data controller.
An updated version of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (GDPR) outline the responsibilities they have to protect your personal data. The DPA was updated after the UK left the European Union.
However, there are instances where a data controller or processor might fail to uphold their responsibilities. As such, it could result in different types of data breaches such as a lost files data breach compromising your personal data.
A personal data breach is defined as a security incident that has affected the confidentiality, integrity or availability of your personal data. This could involve files containing your personal data being accidentally misplaced or disposed of incorrectly leading to an unathorised individual accessing the files.
Alternatively, file containing your medical records could have been stolen in a ransomware attack due to the data controller failing to keep their cyber security up to date. In addition, your personal data may not have been locked away or secured meaning it was accessed by someone without authorisation.
If an organisations failings have caused you to sustain damage to your finances or mental harm as a result of your personal data being breached, call our team.
Why Do Organisations Collect Data?
Organisations may collect, store and process your data for many reasons. Examples might include:
- An employer may require your bank details to pay your salary each month.
- A hospital collects data relating to your health in order to provide you with a service.
- An online shop may require your email address to send you confirmation of your order.
However, in some cases, the data controller or processor may fail to protect your personal data. This could result in their wrongful conduct causing a breach of your personal data. This might involve them failing to take reasonable steps to protect your data.
In instances where you have experienced mental suffering or an impact on your finances, you could make a data breach claim to seek compensation.
For more information on when you might be eligible to make a lost files data breach claim, call our team.
What Files And Data Do Organisations Hold?
The personal data contained in lost files will depend on the industry. For example, a medical organisation or your employer may process different types of data.
However, personal data is information that can be used to identify you either directly or when processed alongside other information. This could include:
- Name
- Email address
- Postal address
- IP address
- Bank details
- Credit or debit card details
In some cases, the personal data contained in lost files may be more sensitive. This is known as special category data and requires more protection due to it’s nature. Examples of this could include data relating to your:
- Health
- Racial or ethnic origin
- Religious beliefs
- Sexual orientation
Depending on the information contained in files, a lost files data breach could involve your medical records or other documents.
Causes Of Lost Files Data Breach Incidents
There are various ways a lost files data breach could occur. Examples include:
- Someone might take files containing your personal data home with them. As a result, someone who isn’t authorised accessing your personal data.
- Files containing your personal data may be stored in an unlocked filing cabinet leading to someone stealing the files.
- An organisation may have failed to keep their cyber security systems up to date. This may have made them more susceptible to an cyber attack such as a ransomware attack leading to your online digital files being stolen.
As you can see, not all breaches of personal data are through deliberate malicious intent. Instead, a breach can happen accidentally. However, in order to claim, you must prove that an organisation’s failings caused your personal data to become compromised and resulted in your suffering financial damage or psychological harm.
Call us for more information.
Lost Files Data Breach Compensation Calculator
Data breach compensation could comprise up to two heads of claim. These are known as material damages and non-material damages.
Material damages compensate for the financial costs and losses incurred as a result of the personal data breach. For example, someone may have stolen your credit card details leaving you with ongoing bills and a poor credit score.
Non-material damages is the head of claim that compensates for the mental harm you have suffered as a result of the personal data breach. This could include different types of psychological injuries, such as depression, anxiety, stress, or post-traumatic stress disorder.
You can now claim compensation for any psychological harm without having suffered any financial losses. Previously, this wasn’t possible.
In order to assign a value to non-material damages, solicitors can refer to the Judicial College Guidelines (JCG) to help them. This is a document that contains a list of psychological injuries with corresponding bracket compensation amounts.
The table below uses figures from the 16th edition of the guidelines, which was published in April 2022. The figures are only a guide.
| Injury Type | Compensation Range | Notes |
|---|---|---|
| Reactive Psychiatric Disorder | £59,860 to £100,670 | (a) Severe: Permanent issues with all aspects of the person’s life. |
| Reactive Psychiatric Disorder | £23,150 to £59,860 | (b) Moderately Severe: Similar issues to more severe cases but the prognosis will be better. |
| Reactive Psychiatric Disorder | £8,180 to £23,150 | (c) Moderate: Symptoms that aren’t grossly disabling will persist but the person will have mostly recovered. |
| Reactive Psychiatric Disorder | £3,950 to £8,180 | (d) Less Severe: A mostly full recovery within 12/18 months. |
| Mental Injury | £54,830 to £115,730 | (a) Severe: There will be significant issues and a very poor prognosis. |
| Mental Injury | £19,070 to £54,830 | (b) Moderately Severe: The prognosis is more promising than in more severe cases but significant issues will still persist. |
| Mental Injury | £5,860 to £19,070 | (c) Moderate: Prognosis is good despite there being significant issues. |
| Mental Injury | £1,540 to £5,860 | (d) Less Severe: When deciding the appropriate award, consideration will be given to how badly daily activities and sleep were affected. |
Call our team to find out how much compensation you could receive following a successful lost files data breach claim.
Contact Us To Make A No Win No Fee Claim
If you are looking to hire a solicitor to represent your claim, we could help.
Our advisors could assign a data breach solicitor from our panel to represent your claim. They can offer to represent your case under a Conditional Fee Agreement. This is a type of No Win No Fee arrangement which means you don’t have any upfront fees to pay for your solicitor’s services.
If your claim succeeds, you will need to pay a success fee from your compensation. This fee is legally capped. However, you won’t need to pay the fee should your claim fail.
If you have any additional questions about your potential lost files data breach claim, please get in touch with our team. To contact an advisor, you can:
- Speak to an advisor via our live chat function at the bottom of the page.
- Call our team on 0800 073 8804
- Complete our online contact form with details of your query.
Useful Resources
- ICO- Data Security Incident Trends
- NCSC- Data Breach Guidance
- GOV- Cyber Security Breaches Survey 2021
- Joint Bank Account Data Breach
- Counsellor Data Breach Compensation Claims
- Tax Information Data Breach
- Find out if you could claim for the misuse of data after a personal data breach with our guide.
We hope this guide on making a lost files data breach claim has helped. If you have any other questions, call our team on the number above.
