If a probation officer failed to adhere to data protection legislation in this country and this caused you harm, could you be eligible to make a claim for a probation officer data breach? Probation officers work for the probation service. They play a vital role in the criminal justice system. Probation officers supervise offenders; to reduce repeat offending.
Importantly, probation officers may handle personal data as part of their job. If probation services collects personal data, they have a legal obligation to protect it. A data controller, organisations that handle personal information must secure this data.
So if a data controller breached your personal information because they failed to comply with data protection laws then you could be eligible to claim compensation for the suffering this has caused you.
To find out if you can claim compensation for a probation officer data breach, don’t hesitate to contact Legal Expert today. Our advisors will assess the merits of your case in a free no obligation consultation. Where they can see a valid case they can appoint a skilled No Win No Fee solicitor to handle your claim.
Contact us now to start the claims process:
- Call our compensation claims helpline on 0800 073 8804
- Or fill out our online claims form
Select A Section
- What Is A Claim For A Probation Officer Data Breach?
- What Data Could The Probation Service Hold?
- Examples Of Data Breaches Affecting Probation Services
- What Can I Do If A Probation Officer Breached My Data Privacy?
- Calculating Compensation For A Probation Officer Data Breach
- Begin A Claim For A Probation Officer Data Breach
What Is A Claim For A Probation Officer Data Breach?
Personal data along with sensitive data is protected by data security and privacy laws in this country. This means above other things that such data needs to be kept secure and not used without a lawful basis to do so. Not all information stored or processed is protected by these laws. So it is important to figure out what information is classed as personal data.
According to the Information Commissioner’s Office (ICO), a personal data breach involves a security incident that means personal or sensitive information has been….
- Lost, stolen or destroyed
- Or altered and encrypted
- As well as accessed unlawfully or disclosed.
Data breaches can be unintentional and caused by human error. However, there are times when a malicious person, such as a hacker, deliberately breaches data protection.
The UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018 requires organisations to safeguard the data they collect. If personal data is not protected according to data security laws and this leads to a breach, those affected i.e. data subjects may be eligible to make a claim for the suffering, either mentally ”stress after a data breach” or financially.
Don’t hesitate to contact us if you believe you are eligible to claim compensation for a probation officer data breach.
What Data Could The Probation Service Hold?
The probation service will collect data about offenders they are helping to rehabilitate. Importantly some of the data could be special category data, which is particularly sensitive.
Examples of data the probation service may hold:
- Name
- Address
- Date of birth
- Email address
- Phone number
- Racial or ethnic origin
- Political information
- Philosophical or Religious information
- Trade Union membership
- Health, biometric or genetic data
Examples Of Data Breaches Affecting Probation Services
A data breach can be caused by many different issues. Data controllers should always train staff on data awareness and compliance of date privacy laws. As well as this they should ensure that all digital files containing personal data are secure and they have sufficient firewalls protecting their online systems. This can all help to reduce the data breaches they may face.
Below we look at scenarios of potential data breaches:
- An incident occurs where an employee experiences a lost or stolen device. Therefore an unauthorised person could access files containing confidential data.
- An email containing an offender’s data is sent to the wrong person, subsequently sharing the person’s data to an unauthorised person.
- Due to poor cyber security defences hackers can infiltrate the online files containing confidential data.
- A probation officer may verbally disclose personal processed data to someone who has no authority to access it.
What Can I Do If A Probation Officer Breached My Personal Data?
If the probation service know of a data breach that affects the rights and freedoms of their clients they should report the data breach within 72 hours to the ICO. They should also inform their clients of the breach.
However, you may have discovered a data breach yourself. If this is the case you can contact those who you think may have breached your data. You can ask what data was involved in the breach, how it happened and what the process will be going forward. If you believe the concerns you have raised are not being treated appropriately, you can ask for the complaint to be escalated.
You can complain to the ICO. However, please raise your concerns within three months of the last meaningful communication with the organisation, otherwise the ICO may not investigate.
Calculating Compensation For A Probation Officer Data Breach
If your personal data breach claim is successful, you could receive the following compensation damages:
- Material damages can reimburse you for any expenses or financial losses associated with the data breach. Such as money you lost if fraudsters used your data to target you.
- Non-material damages is compensation for the emotional distress or psychological injuries a data breach may have caused. For instance, if sensitive information is released into the public domain you could develop mental health problems such as post-traumatic stress disorder.
The table looks specifically at non-material damages compensation amount brackets. Importantly, we used guidelines from the Judicial College to create the compensation brackets in the table. So your solicitor may use the guidelines to help them value your data breach compensation claim.
Severity | Injury | Notes | Damages |
---|---|---|---|
Severe | Psychiatric Damage | Poor outlook for recovering from the injury. The person may face difficulty in education or work as well as in social settings and relationships. | £54,830 to £115,730 |
Moderately Severe | Psychiatric Damage | Faces similar difficulty to above. Has a better chance of making a recovery. | £19,070 to £54,830 |
Moderate | Psychiatric Damage | Whilst affected in a similar way to the previous categories, the person should have made a good deal of recovery by the time of a trial. | £5,860 to £19,070 |
Less Severe | Psychiatric Damage | There is a much better chance for recovery. How much could be claimed depends on the duration of symptoms and their effects. | £1,540 to £5,860 |
Severe | Post-Traumatic Stress Disorder | PTSD caused by a dramatic event. The injury could affect all parts of this person’s life. | £59,860 to £100,670 |
Moderately Severe | Post-Traumatic Stress Disorder | Professional care will be needed if the person is to make any sort of recovery. | £23,150 to £59,860 |
Moderate | Post-Traumatic Stress Disorder | There are no longer any symptoms which could be said to be grossly disabling, | £8,180 to £23,150 |
Less Severe | Post-Traumatic Stress Disorder | This victim could or will recover one to two years after the incident. | £3,950 to £8,180 |
Please be aware that the contents of this table are advisory. So, the amount of compensation you receive may vary depending on many factors. You are welcome to call our helpline, and an advisor can estimate what your compensation payout could be worth.
Begin A Claim For A Probation Officer Data Breach
To begin the data breach claims process, please contact us today. An advisor can assess your case. Moreover, we may assign a data breach solicitor to start working on your claim if we believe that you are owed compensation.
Moreover, all our solicitors work to a No Win No Fee agreement. Therefore you will not pay an upfront solicitors fee. Instead, successful claimants pay a success fee to their lawyer. But, if you do not win your claim, you will not pay a success fee.
Many people prefer the No Win No Fee option because the solicitor deducts the success fee from the client’s compensation payment.
Please contact us today to begin your claim for a probation officer data breach. We look forward to speaking with you.
- Call Legal Expert on 0800 073 8804, and an advisor will be happy to discuss your options.
- Or you can claim online via our website.
- On the other hand, ask us a question using our Live Support bar.
Related Data Breach Claim Resources
If you found this data protection breach claims guide helpful, you may enjoy our other guides.
Housing Association Data Breach Compensation Claims Guide
How To Report A Data Breach Incident
Criminal Convictions Exposed – Data Breach Compensation Claims Guide
How to report a phishing scam
A guide to personal data breaches, from the ICO
Do organisations need your consent to use your data?
Thank you for reading our guide to claiming for a probation officer data breach.