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My Personal Data Was Breached Via Text Message, Can I Claim Compensation?
Were you aware that if you have your personal data breached via text message, then you could potentially be in a position to make a compensation claim? Personal and sensitive data are both protected by data protection and privacy laws in many cases. If an organisation, one that handles personal data, is responsible for a data breach which involved your information being shared by text message to the wrong recipient you may be eligible to make a claim.
Text message data breach compensation claims
Please understand that all claims have their unique points. Meaning you may have questions that this guide can’t answer. We can only cover so much. However, if you do have more questions, then our team of advisors can help you with the answers. Call them on 0800 073 8804, or request a callback using our contact form.
Select A Section:
- What Is A Text Message Data Breach?
- What Data May Be Breached Via Text Message?
- How Could A Text Message Data Breach Happen?
- How To Claim If Your Personal Data Was Breached Via Text Message
- What Could I Claim If My Data Was Breached Via Text Message?
- Get Help Claiming For A Data Breach Via Text Message
What Is A Text Message Data Breach?
In this country, we have some of the most stringent data protection laws in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Both these pieces of legislation aim to protect any personal information that is processed digitally or physically about you, the data subject.
Data controllers are usually an organisation that will instigate the collection of your personal data. If a data controller was to send personal data via text message to the wrong recipient this is classed as a data breach via text message.
This cannot only cause emotional distress to the data subject but the recipient could use your personal data. For example, using your data to steal your online identity and undertake fraudulent activities.
In such a situation, to be able to make a personal data breach claim you must be able to establish that those responsible for protecting and securing your personal information did not take the necessary steps to secure it. And this caused you to suffer harm as a consequence albeit financial or mental illness.
What Data May Be Breached Via Text Message?
How can you have your data breached via text message? Lots of data controllers are using text messages as a way to communicate with customers or clients. This can mean medical institutions sending out appointments via text message or delivery companies sending time slots to customers. So there is a lot of information that could be contained within a text message including:
- Your name, address, date of birth, email address, phone number, or other identifying information.
- Sensitive financial information was sent. For example, your bank account number, or the details of a debit card or credit card.
- Information about yourself such as your race, religious beliefs, gender, trade union memberships, medical records, etc.
How Could A Text Message Data Breach Happen?
How can you have your data breached via text message? There are many ways that a data breach could happen. Mostly data breaches happen through human error for example typing in the incorrect number when sending a text message. Others can happen through cybercriminals hacking systems.
It is very easy to send SMS messages to the wrong person. This could be done by selecting the wrong recipient when sending the message.
How To Claim If Your Personal Data Was Breached Via Text Message
If you have your data breached via text message and are wanting to make a compensation claim then there are steps you can take to strengthen your case.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) allow data subjects who have had their personal data breached through in adherence to these laws to make a claim if they have suffered.
The Information Commissioner’s Office (ICO) can fine data controllers/organisations when they fail to comply with the applicable data security laws. However, they can not award compensation to data breach victims.
The organisation, if they know about the data breach, should contact you without undue delay if a data breach has affected your rights and freedoms. However, if they are unaware of the data breach but you suspect that you have been involved in one you can contact the data controller yourself and ask for them to investigate.
If you are not happy with the response of the data controller you can ask the ICO to investigate. Keep any correspondence and this can all help in your data breach claim.
What Could I Claim If My Data Was Breached Via Text Message?
You may suffer mental injury if you have your data breached via text message. A case heard at the Court of Appeal in 2015, Vidal-Hall and others v Google Inc, set a precedent for claiming for mental harm when no financial loss happened.
The table below is based on the Judicial College guidelines that are used by the legal system to value mental injuries. It shows example compensation ranges for different types of psychological harm such as post-traumatic stress disorder or mental trauma such as stress and anxiety. The table only looks at non-material damage.
| Mental Health Problem | How Bad? | Notes & Information | Possible Compensation |
|---|---|---|---|
| Psychological damage | Severe | An individual suffering from a condition this severe will not be able to sustain a normal, functional life. They have severe mental health problems that require a great deal of treatment and therapy. For example, anxiety and depression. | £51,460 to £108,620 |
| Psychological damage | Moderate | The victim has moderate mental health issues that will impact their daily lives. The prognosis for a full recovery is good, however. | £5,500 to £17,900 |
| PTSD | Severe | A severe case of post-traumatic stress disorder is diagnosed. The impact on the victim’s life and ability to function normally will be tremendous. The victim’s ability to work will be compromised, and recovery will take time. | £56,180 to £94,470 |
| PTSD | Moderately Severe | There is a case of moderately severe post-traumatic stress disorder. Fortunately, with the right treatment and professional health care, the victim may make some recovery. | £21,730 to £56,180 |
| PTSD | Moderate | Post-traumatic stress disorder of moderate severity. This will have a mild impact on the victim’s quality of life. There is a high likelihood of a full recovery, without ongoing mental health problems in the future. | £7,680 to £21,730 |
| Psychological damage | Less Severe | Mental health issues that are less severe. Compensatory amounts are determined by how long and how badly the victim suffered. | £1,440 to £5,500 |
| PTSD | Less Severe | This form of post-traumatic stress disorder is considered less severe. In some cases, the victim may still take up to 2 years to recover. However, the major symptoms are generally resolved in the first year. | £3,710 to £7,680 |
| Psychological damage | Moderately Severe | Moderately severe mental health issues that compromise the victim’s ability to function. This could be the result of issues such as anxiety and depression. | £17,900 to £51,460 |
Material Damages Explained
You might lose out financially because of the data breach. For example, your credit card information might be used to make online purchases. Alternatively, you might have to take time off work to deal with the data breach, and lose out on your pay.
There may also be expenses related to making the claim itself. For example, having to use a courier service to send documents to your solicitor. These kinds of expenses may also be recouped as part of the claim in some cases.
It could be possible to claim these losses back, as well as any future predicted losses. Call and talk to our team to learn about how documented proof of losses must be provided.
Get Help Claiming For A Data Breach Via Text Message
You might be able to make a data breach claim using a No Win No Fee solicitor. If the claim is not a success, your solicitor is not going to expect to receive a fee. However, a success fee will be due if the claim is a success.
If you want to learn more about pursuing a claim, use the information below to get in touch. A member of our claims team can help you with more expert help and advice about claiming for data breached via text message.
Telephone: 0800 073 8804
Contact form and webchat.
Learn More About Messaging Services Data Breaches Claims
Here are some useful web links.
Personal Data Breaches Explained
How To Make A Complaint About A Data Breach
Cyber Security Breaches Survey 2021
Here are links to other, related guides that we have published.
Unauthorised Access To Patient Medical Records UK – Can I Claim Compensation?
Nursery Data Breach Compensation Claims Guide
School Data Breach Compensation Claims Guide
Guide By Wheeler
Edited By Melissa.
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