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When Can Personal Information Be Shared Without Consent In The UK?
Are you wondering if your personal information can be shared without consent in the UK? Throughout this guide, we will discuss the lawful basis for sharing personal information and how having your personal data shared could impact you. Furthermore, we will examine how much you could potentially claim in data breach compensation.
My personal information was shared without my consent in the UK, can I claim?
We will also explain the legislation that guides data protection in the UK and will go into detail about what a personal data breach is, how it could affect you, and who could be eligible to make a claim. We will also explore how one of our No Win No Fee solicitors could help you through the claims process.
The UK General Data Protection Regulation (UK GDPR) outlines the responsibilities and obligations for processing the personal data of those in the UK. The UK GDPR, with the Data Protection Act 2018 (DPA), are the two main articles of data protection law in the UK. If an organisation fails to comply with data protection law, causing you harm, you may be able to claim.
If, after finishing this guide, you still have any questions, you can speak with our advisors. They can offer free legal advice and can tell you if your personal data breach claim is valid. To learn more:
- Call on 0800 073 8804
- Interact with our Live Chat feature
- Complete our online form
Select A Section
- Can My Personal Information Be Shared Without Consent In The UK?
- What Is a Lawful Basis For Sharing Personal Information?
- What Personal Information Could Be Shared?
- How Could My Personal Information Being Shared In A Data Breach Impact Me?
- How Much Could I Claim If My Personal Information Was Shared Without Consent In The UK?
- Contact Legal Expert If Your Personal Information Was Involved In A Data Breach
Can My Personal Information Be Shared Without Consent In The UK?
Personal data is information that identifies you, either alone or with other information. For example, your name, address, and mobile number. If a security incident affects this information’s confidentiality, integrity, or availability, this is a personal data breach.
However, to form the basis of a valid personal data claim, you must prove that the data breach was due to the data controller’s failings or, in some circumstances, the data porcessor’s. You must also have suffered financial or mental harm (e.g. anxiety, depression, stress) because of the breach.
Data controllers and processors are responsible for protecting your personal data. Data controllers decide how and why they process your personal data, whereas data processors act on behalf of a data controller. Any organisation that handles your personal data must comply with data protection law. However, this does not mean that your personal information cannot be shared without your consent in the UK.
Our advisors can tell you if you could be eligible to claim when you contact us today.
What Is A Lawful Basis For Sharing Personal Information?
Under data protection law, organisations must establish a lawful basis to process your personal data. The UK GDPR provides six lawful bases where an organisation could share your personal information, as outlined in Article 6 of the UK GDPR.
Consent is only one of these bases, and it is important to note that all bases are equal. The Information Commissioner’s Office (ICO) has more information on the lawful bases for processing.
- Consent: An organisation can share your personal information if you have given them clear consent to do so for an exact purpose.
- Legitimate Interests: The processing is necessary for your legitimate interests or those of a third party. However, this base may not be valid if there is an overriding reason to protect your personal data.
- Legal Obligation: If an organisation must fulfil a legal obligation.
- Public Task: An organisation needs to process your personal information as it’s necessary for them to carry out a task in the public’s interest. Or, it could be for their official functions. Additionally, the function must have a clear lawful basis.
- Vital Interests: An organisation can share your personal data if it is necessary to protect your life.
- Contract: If you have a contract with an organisation that requires them to process your personal data to complete the terms stated in the contract.
If your personal information has been shared without your consent in the UK, our advisors can tell you if you have a valid claim. Get in touch today to learn more.
What Personal Information Could Be Shared?
Personal data covers any information that could identify you, alone or in conjunction with other information. For example, this can include:
- Name
- Address
- Mobile number
- Email address (unless it’s a shared email, such as a work email address.)
However, some personal data is classified as special category data. This is personal information that needs more protection because it is sensitive. Additionally, it is important to note that special category data is a type of personal data. Some examples (as defined by the UK GDPR) are personal data regarding:
- Political opinions
- Religious beliefs
- Race/ethnicity
- Biometric or genetic data
If your personal information has been shared without your consent in the UK and there are no other lawful bases, you may be eligible to claim compensation for any harm suffered. Contact our advisors today to learn more.
How Could My Personal Information Being Shared In A Data Breach Impact Me?
A personal data breach can cause lasting and significant harm. Firstly, you may experience harm to your mental health. This could include:
- Anxiety
- Depression
- Lack of sleep
- Distress
For example, suppose an organisation shared your home address without a lawful basis to do so. In this case, you may worry about strangers coming to your home address, receiving unwanted spam or junk mail, or the safety of yourself or your family.
Additionally, you may suffer financial harm. For example, a breach could affect your banking details or credit card information. In that case, you could suffer financial losses from someone withdrawing money from your bank account or taking out loans in your name. These financial losses could add up substantially and may also impact your mental health.
Contact our advisors today to learn more about how a personal data breach could impact you.
How Much Could I Claim If My Personal Information Was Shared Without Consent In The UK?
If you have a valid personal data protection claim, there are two heads of compensation you could pursue: material damages and non-material damages. Material damages cover any financial harm you may suffer, such as withdrawals from your bank account.
Non-material damages cover any psychological harm you may suffer. The Court of Appeal ruling on Vidal-Hall and Others v Google Inc (2015) means that claimants may claim non-material damages without claiming material damages.
Below is a table of compensation brackets. These figures align with the 16th edition of the Judicial College Guidelines (JCG). These guidelines are use by legal professionals in England and Wales.
| Mental Suffering | Notes | Compensation Brackets |
|---|---|---|
| Severe Mental Illness | All aspects of life will be severely affected and the symptoms will be significant and permanent. | £54,830 – £115,730 |
| Moderately Severe Mental Illness | Although the claimant will suffer as in the above category they have a chance at making some recovery. | £19,070 – £54,830 |
| Moderate Mental Illness | There will have been improvements made and symptoms that continue will not be major. | £5,860 – £19,070 |
| Less Severe Mental Illness | The amount of compensation awarded will depend on how the person’s life has been impacted and for how long. | £1,540 – £5,860 |
| Severe Anxiety and Stress Disorder | The injured person will not be able to function at anywhere near pre-trauma levels and the prognosis is poor. | £59,860 – £100,670 |
| Moderately Severe Anxiety and Stress Disorder |
With professional help some recovery can be made but there is future disability. | £23,150 – £59,860 |
| Moderate Anxiety and Stress Disorder | A good recovery has been made any continuing symptoms will be minor. | £8,180 – £23,150 |
| Less Severe Anxiety and Stress Disorder | A recovery should be made within 2 years. | £3,950 – £8,180 |
These figures are guidelines only. Contact our team of advisors for a free estimation of what your claim could be worth or for free legal advice surrounding your claim.
Contact Legal Expert If Your Personal Information Was Involved In A Data Breach
Our expert solicitors can guide you through your claim with the help of a No Win No Fee type of agreement, called a Conditional Fee Agreement (CFA). A CFA provides many benefits, including:
- If your case does succeed, your solicitor will take a success fee from your compensation. This is a percentage of your award, however, there is a legal cap.
- If your case is not successful you do not pay the success fee to your solicitor
Additionally, you can contact our advisors if you have any questions about what to do if you have had personal information shared without consent in the UK. To contact our team:
- Call on 0800 073 8804
- Interact with our Live Chat feature.
- Complete our online form.
Read More About Data Breach Claims
For more helpful articles, we recommend:
- Nursery data breach claims
- How to report a data breach incident
- Lost or stolen paperwork data breach claim
- Find out if you could claim for the misuse of data after a personal data breach with our guide.
Or, to learn more:
- ICO: Does an organisation need my consent?
- ICO: Understanding and assessing risk in personal data breaches.
- NHS: Stress.
Contact our advisors for any more questions regarding your personal information being shared without consent in the UK.
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