How To Make A Data Breach Claim Against The Army
This guide will explain what could justify a valid data breach claim against the Army. The British Army often collects personal data from its personnel and stakeholders to operate. Under the UK General Data Protection Regulation (UK GDPR), organisations that collect, store or process personal data must protect it.
Who Can An Army Data Breach Affect?
- Army employees and personnel
- Army reserves
- Civilian contractors
- Anyone else the Army may have a working relationship with
A guide on what a valid data breach claim against the Army could look like
You may be eligible to claim compensation if a data breach has caused you emotional distress or financial loss.
Why not get in touch with Legal Expert today? You can speak to a claims advisor. IUf you have a strong and valid claim, we can also connect you with a No Win No Fee solicitor to handle your claim.
Contact us today:
- Call our helpline on 0800 073 8804
- Or see if you can claim online by filling out our online form
Select A Section
- What Is A Data Breach Claim Against The Army?
- What Is The Employment Practice Code?
- Does The UK GDPR Apply To The Army?
- Has The Army Breached The UK GDPR?
- Army Data Breach: Claim Calculator
- Could You Begin A Data Breach Claim Against The Army?
What Is A Data Breach Claim Against The Army?
A personal data breach is a security incident that compromises personal data protection. It is the unlawful or accidental loss, destruction, disclosure, alteration or access to personal data.
Personal data/information is any information that can be used to identify you. It could include your name and address, for example.
An employee data breach can occur, whereby the organisation breaches the data privacy of its staff. Or the organisation could breach personal data which belongs to other stakeholders. Importantly, the Information Commissioner’s Office (ICO) is an independent body that tries to prevent this from happening by enforcing data protection laws.
You could make a valid data breach claim against the Army if you can prove that you suffered financial loss or emotional harm due to the breach, or both.
To make a personal data breach claim, you also need to show that the organisation’s wrongful conduct led to the breach. For example, an organisation may provide substandard online security, meaning that hackers were able to access their systems and your personal data.
What Is The Employment Practice Code?
Organisations should prevent an employee data breach by complying with the ICO’s Employment Practice Code. The Code explains how employers can handle employee data that complies with the UK’s data protection laws. The Code explains that employers must show extra care towards sensitive data. What’s more, in the workplace, data protection covers:
- Applicants (successful and unsuccessful)
- Former applicants (successful and unsuccessful)
- Employees (current and former)
- Agency staff (current and former)
- Casual staff (current and former)
- Contract staff (current and former)
Does The UK GDPR Apply To The Army?
If an organisation breaches the UK GDPR, this isn’t necessarily a data breach. However, a breach of the UK GDPR could lead to a personal data breach.
The Data Protection Act 2018 sits alongside the UK GDPR. this legislation requires organisations, including the British Army, to protect the data they collect, process and store. Subsequently, organisations should train staff to protect personal data. And they should have adequate security measures to protect personal data.
Has The Army Breached The UK GDPR?
Unfortunately, there have been data breaches. Sadly in 2021, the Ministry of Defence allegedly put the lives of more than 250 Afghan interpreters at risk. The email addresses of 250 Afghan interpreters working for British forces were exposed in an email data breach. There wasn’t a use of Bcc on the email.
Source URL: www.theguardian.com/uk-news/2021/sep/20/mod-data-breach-puts-lives-at-risk-for-more-than-250-afghan-interpreters
Army Data Breach: Claim Calculator
There are two types of data breach compensation you could receive if your data breach claim is successful:
- Material damages compensate for any financial losses that the data breach caused. For example, if criminals used your breached data for fraudulent purposes, you may be eligible to claim back these costs.
- Non-material damages are compensation for emotional or mental distress following a data breach. Moreover, if you experience a psychiatric injury such as depression or PTSD, you could claim for these.
Please use the compensation table below to look up the emotional distress or psychological injuries you suffered. (We have not included material damages in the table).
| Psychiatric Illness | About | Damages |
|---|---|---|
| PTSD – Anxiety Disorder – Severe | Cases where there is a reactive psychiatric disorder. Effects may be permanent and prevent the person working or functioning at pre-trauma levels. All parts of the person’s life could have been impacted. | £59,860 to £100,670 |
| PTSD – Anxiety Disorder – Moderately Severe | These injuries are distinct from the above as the person has a better prognosis for recovering. The effects could still cause the person to be significantly disabled for the foreseeable future. | £23,150 to £59,860 |
| PTSD – Anxiety Disorder – Moderate | Those affected are largely recovered. If there are any effects which continue, these are not grossly disabling. | £8,180 to £23,150 |
| PTSD – Anxiety Disorder – Less Severe | An almost or virtual full recovery is made between one and two years. Any symptoms persisting will be minor. | £3,950 to £8,180 |
| Psychiatric Damage – Severe | Damages will take into account factors such as the person’s ability to cope with life such as work, education and the impact on this person’s relationships.
This person has marked difficulty with these factors. |
£54,830 to £115,730 |
| Psychiatric Damage – Moderately Severe | There will be significant problems with the factors above. There is a more optimistic prognosis than above. | £19,070 to £54,830 |
| Psychiatric Damage – Moderate | There could be problems with the factors already indicated. By trial there will have been a marked improvement in relation to the above factors. The prognosis is good. | £5,860 to £19,070 |
| Psychiatric Damage – Less Severe | How much could be claimed could depend on how long any disability lasted and by how much it affected daily activities. | £1,540 to £5,860 |
We used compensation guidelines from the Judicial College to create the table above. However, the final settlement successful claimants receive depends on many factors. So you may receive more or less compensation than what we have included in the table. If you call our claims helpline, an advisor can look at your case in-depth and estimate how much compensation you could claim.
Could You Begin A Data Breach Claim Against The Army?
Please contact us today if you have evidence of a valid data breach claim against the Army. An advisor can assess your case. And if you’re owed data breach compensation, we can appoint a skilled lawyer to work on your claim. We can also offer you the option to make a No Win No Fee claim.
Some data breach solicitors charge an upfront solicitor’s fee before they begin work on a claim. The fee might not be refundable if the claim is unsuccessful. So the claimant is taking the financial risk upon themselves.
An alternative is to make a No Win No Fee claim. With a No Win No Fee claim, you pay a success fee if the claim is successful. The success fee is deducted from your compensation payout at a capped rate if you win. You can discuss the rate before you agree to use the services of the solicitor.
If the claim is unsuccessful, you will not pay a success fee. Therefore, there is less risk involved financially when hiring a solicitor.
Please speak to us using the details below:
- Call us on 0800 073 8804
- Could you fill out our online claims form?
- Or use our live support widget to put your questions to an advisor
Armed Forces Compensation Claims
Please contact us today if you wish to learn more about claiming compensation for a data protection breach.
Police Data Breach Compensation Claims Guide
NHS Data Breach Compensation Claims Guide
Crown Prosecution Service Data Breach Compensation Claims Guide
An ICO guide to breaches in data protection
An MoD guide to the rights of data subjects
How to obtain information about yourself, which the MoD holds
If you have proof of a justifiable data breach claim against the Army, why not get in touch?
Written by Chelache
Edited by Victorine
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