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We Explore How Data Breaches Happen And When You Can Claim Compensation

In this guide, we’ll explore how data breaches happen. The personal data of UK residents is protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The Information Commissioner’s Office (ICO) helps to enforce this legislation.

However, if data controllers and data processors fail to comply with these laws, should this lead to a breach of a data subject’s personal data, then they could be liable if any harm is suffered. Therefore and in accordance with Article 82 of the UK GDPR, a data subject could then go on to file a personal data breach claim.

Generally, a data subject is you, a person who has their personal data processed. A data controller decides the purposes for which and the means by which personal data is processed. This is usually an organisation such as your employer, the bank you use, a hospital or GP surgery, or anyone who processes your personally identifiable information. They can either instruct a data processor to process it on their behalf or do the processing in-house. 

Our guide will discuss how data breaches happen and the steps you could take should your personal information be compromised in a breach. We’ll also talk about data breach compensation, how to support a claim with evidence, and how an expert solicitor could help you. 

Contact Our Team

Our team are here to help. If you have any more questions or would like to start a data breach claim, contact us today.

To get started:

Blue cubes with padlocks and the text data breach sit on a dark blue background

Select A Section

  1. What Is A Data Breach?
  2. How Data Breaches Happen
  3. How Could A Data Breach Impact You?
  4. What Can I Do If My Data Has Been Breached?
  5. How Can A Solicitor Help Me?
  6. Where Can I Learn More About How Data Breaches Happen?

What Is A Data Breach?

Before we define a data breach, we should define personal data. This is any information that could be used to identify you as a living person; for example, this could include your postage address, email address, or phone number.

Within personal data exists special category data. This data needs extra protection under the laws mentioned above as it is more sensitive. Special category data can include personal information relating to your health, gender, sexual orientation, or ethnicity. 

According to the ICO, a personal data breach occurs when the security, integrity, or availability of your personal data is compromised in a security incident. A breach of personal data could happen through human error, or it could be a deliberate action such as a cyber-attack. 

A breach of your personal data can impact you in a number of ways, with serious consequences to both your finances and your mental health. Read on to learn more about how data breaches happen, or contact our team to find out what you could do if a breach affected your data.

How Data Breaches Happen

Now that we’ve discussed what a data breach is, we can explore how they happen. Data breaches occur in a number of ways, including:

  • Lack of data breach prevention training: Failing to train staff on how to prevent data breaches when handling personal data, especially when they have access to personal/sensitive data, can lead to a human error data breach.
    • For example, a GP receptionist could leave a patient file open on a public-facing desk. Patient files can contain sensitive or confidential information as well as personal data.
  • Stolen or lost devices: Devices that aren’t properly locked away or secured can be lost or stolen, allowing others to gain unauthorised access to personally identifiable information.
    • For example, if your employer left a laptop on a train that contained employees’ employment files, whoever found it may be able to gain access to lots of personal infomation of employees.
  • Poor cybersecurity: Poor cybersecurity can mean cybercriminals bypassing network security remotely and stealing data. Stolen data can then be used by cybercriminals to commit identity theft.
    • For example, if an organisation fails to use up-to-date cyber security defence walls, personal details such as bank account numbers, phone numbers, and national insurance numbers can be stolen and sold on the dark web for financial gain.

These are just a few examples of how a data breach can happen. If you’d like to find out what steps you could take after being harmed in a data breach, contact our team today.

How Could A Data Breach Impact You?

A data breach can impact you in several ways, both mentally and financially. First, we’ll discuss the potential psychological effects of a breach.

Data breach victims could suffer from psychological injuries as a result of their personal or personally sensitive data being exposed or stolen, especially when the compromised data is of a very personal nature. Plus, it can exacerbate existing mental health conditions.

For example: A social worker accidentally sends a file containing the personal data of a woman and her children to the abusive ex-partner. The file contains new contact details of the family which the ex-partner now has access to. This causes the family great distress and anxiety.

What Are The Financial Impacts Of A Data Breach?

Data breaches can also have a financial cost. Stolen or compromised credentials, such as bank account numbers, credit card details, and tax information, can be used to steal money from bank accounts or lead to identity theft.

A breach of personal data could also lead to a loss of wages if you need to take time off work to recover from the psychological effects of the breach. As with our example above, data breaches can lead to people needing to relocate or change their identity, all of which can cost them significantly.
Two wooden blocks reading data breach sit on a desk beside notebooks and a magnifying glass

If you’ve been affected by a data breach, contact our team today. They can offer more information on the next steps you can take.

What Can I Do If My Data Has Been Breached?

If your personal data has been breached, you might be wondering what to do. One option could be to claim compensation. In some cases, following a breach, you may be able to claim compensation for the psychological injuries you have sustained, as well as the financial losses.

However, in order to form the basis of a valid claim, you must be able to prove that:

  • The organisation responsible for your personal data failed to keep it secure.
  • This resulted in a data breach that affected your personal data.
  • As a result, you suffered mental or financial harm

If you can prove that your case meets these criteria, then you may be able to claim compensation. Contact our team today to find out how a compensation claim could benefit you, or read on to learn how one of our solicitors could help.

How Can A Solicitor Help Me?

Now that you know more about how data breaches happen, you might be wondering how a solicitor could help you. If you were harmed in a data breach because the organisation did not comply with data protection laws, then you may want to make a compensation claim. Although you aren’t obligated to work with a solicitor, instructing one to work on your claim can make the process feel less stressful and come with many benefits.

For example, a solicitor can help you gather evidence to support your claim. They can also explain any legal jargon that appears, or explain any areas of the claims process that you don’t understand. Plus, they can help you negotiate a settlement that feels right for you. 

What Is A No Win No Fee Solicitor?

Our solicitors work under Conditional Fee Agreements (CFAs), which means that they are No Win No Fee solicitors. When you work with a No Win No Fee solicitor, you don’t need to pay them an upfront fee to start work on your data breach claim. Similarly, you aren’t required to pay for their services if your claim doesn’t succeed.

However, in the event of a successful claim, your solicitor will take a success fee. They’ll deduct this fee immediately from your compensation as a percentage, though this percentage is limited by a legal cap. The legal cap helps to make sure that you keep the larger portion of your compensation. 

a solicitor explains how data breaches happen to a client

Contact Our Team

Our team of advisors is available 24/7 and can answer any questions you might have about the claims process and how data breaches happen. When you get in touch, they’ll offer a free consultation, during which they can tell you whether or not you are eligible to make a claim. If you are, they may then connect you with one of our solicitors.

To get started:

Where Can I Learn More About How Data Breaches Happen?

For more helpful resources, we recommend:

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Thank you for reading our guide on how data breaches happen. Contact our advisors today if you’d like to learn more.

Meet The Team

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

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