Last updated 3rd December 2024. 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.
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 successful data breach claim after your personal information was shared without consent in the UK, you could be compensated for material damage and non-material damage.
Non-material damage is the psychological harm you have suffered due to your personal data being breached. This covers anxiety, stress, depression, and Post-Traumatic Stress Disorder (PTSD).
Legal professionals can refer to the Judicial College Guidelines (JCG) to value your non-material damage.
The JCG contains guideline compensation brackets for all kinds of psychological and physical harm.
Guideline Compensation Table
We have taken some types of psychological harm and their accompanying guideline compensation brackets from the JCG and have included them in the table below.
Please bear in mind that none of these figures can be guaranteed for your potential data breach claim, since all claims are unique. Also, the top figure is not from the JCG.
| Harm | Severity | Compensation Brackets |
|---|---|---|
| Serious psychological harm and material damage | Serious | Up to £250,000+ |
| Psychiatric damage generally | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| PTSD | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
Material Damage
Material damage is the financial losses you have incurred due to your personal data being breached, such as:
- Loss of earnings if you have needed time off work to recover from your mental harm.
- Therapy costs to recover from your mental harm.
- Relocation costs if you need to change your address due to your safety following a data breach.
However, to recover your material damage, you must provide evidence of your financial losses. So, please keep any receipts, invoices, bank statements, and payslips you have.
To learn more about how you can potentially be compensated after someone was sharing your private information without consent in the UK, please contact us today.
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.
