Last Updated 12th November 2024. Can you make a stolen documents data breach claim after your personal data was breached this way? Perhaps an organisation never secured your personal data correctly and this allowed it to be stolen? Or may be they never had correctly installed cyber security systems that meant hackers could steal your information from online databases. Did it lead to you suffering financial or psychological injuries?
A lost or stolen paperwork data breach security incident can be inconvenient and distressing. We trust that the organisations that handle our personal data (data controllers) keep this information safe and in accordance with the Data Protection Act 2018 and its supporting legislation the UK General Data Protection Regulation (UK GDPR).
- Call our team for help with your stolen documents data breach claim by ringing 0800 073 8804
- Contact us online to request a call back
- Use our ‘live support’ portal below
- Or continue reading the sections and click on the highlighted text for further resources.
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- What Is A Stolen Documents Data Breach Claim?
- Scenarios Where Stolen Documents May Be A Data Breach
- How To Claim For A Personal Data Breach
- Stolen Documents Data Breach Claim Calculator
- Contact Our Team To Claim For Stolen Documents Data Breach
What Is A Stolen Documents Data Breach Claim?
Firstly, what are the circumstances under which you could be eligible to make a stolen documents data breach claim? A personal data breach involves personal information that has been involved in a security incident whereby it has been:
- Lost
- Altered
- Accessed without authority
- Stolen
- Destroyed
- Disclosed.
An independent body called the Information Commissioner’s Office (ICO) enforces UK GDPR and the Data Protection Act. Data security laws give data subjects (individuals who have their personal data processed) more say over their processed personal and sensitive data. In addition to constructive guidance, the ICO has the power to investigate and issue fines to anyone who fails to apply data protection laws. There are 7 Core Principles for ensuring that data controllers abide by data protection laws:
- Data is lawfully and fairly collected in an obvious and transparent way
- Purpose limitation
- Only process necessary data
- Data must be accurate
- Data must not be kept for longer than needed
- All personal data should be secure
- Each involved party should take personal responsibility for good data practice.
A stolen documents data breach claim is eligible when you can prove personal data has been breached because of failings on the part of the data controller or ‘positive wrongful conduct’ took place.
Speak to us if you can demonstrate that another party was remiss in their obligations to secure your digital or hard copy details and you were harmed by it.
To claim you must have suffered financial and/or emotional injury because of it. Read on to learn more about your rights after lost data caused a personal data breach
Scenarios Where Stolen Documents May Be A Data Breach
There are two levels of data protection under the UK GDPR. These are:
- Personal data: this is information that can be used for the direct or indirect identification of a living individual. Examples include names, contact information, addresses, bank and credit card information.
- Special category: personal information that is deemed to be of higher sensitivity and therefore requires greater standards of protection. This includes information regarding health, sexual orientation and sex life, religious beliefs and data regarding racial and ethnic origin.
Below we have given a few scenarios where a stolen documents data breach claim could be made:
- A HR employee left a laptop on a train while commuting to the office. The laptop contained the HR data of multiple employees, including your records of a previous workplace discrimination case. Unauthorised persons were subsequently able to access the stolen device because it was not password protected.
- Inadequate physical security measures meant documents containing client personal information were left out in the bank branch office and not locked away. Following a break in, several documents were stolen including your own.
- Poorly trained court staff sent documents regarding you and your child’s relocation to your old address where your abusive ex partner still lived. Your new address was in the documents. This caused an enormous amount of distress.
You could be eligible to claim stolen documents data breach compensation in a number of different circumstances. To get your eligibility assessed for free, talk to one of our dedicated advisors today using the contact information provided below.
Stolen Documents
A fundamental part of the 7 Core Principles is personal accountability. This means that whoever is in possession of hard copy or digital files of personal data, has a duty to ensure it is protected in accordance with UK GDPR. Allowing personal data in a document or digital form to be left in an unsecured location like a car or a box at home could give rise to loss or theft.
Likewise, any documents held in a filing cabinet that poses personal data need to be kept locked away and secure so they cannot be stolen. This is the same for online files accessed through the internet. Organisations must have firewalls and cyber security systems in place to prevent hackers from infiltrating their systems.
How To Claim For A Personal Data Breach
Discovering a breach may be something that only happens when the agency concerned contacts you. Data controllers have an obligation to report a serious data breach to the ICO within 72 hours and to tell impacted data breach subjects as soon as possible. If you have concerns personally about the loss or theft of your personal data, you can:
- Complain to the agency concerned
- Complain directly to the ICO. They do not pay compensation and may not get in involved but it sends a strong message to the other party that you are unhappy about your data use
- Start to assemble actual proof of expense caused to you by the data breach – either financial or the psychological impact
- Consider legal representation to seek damages from the party who compromised your personal data.
Stolen Documents Data Breach Claim Calculator
The negative repercussions of a data breach can be tremendously distressing for those it impacts. The case Vidal-Hall v Google set the precedent that compensation may apply for emotional harm caused when there has been no financial loss.
As well as the potential to suffer the loss of money if the documents include financial details, (material damages) experiencing psychological injury such as post-traumatic stress disorder (PTSD) or other mental injuries (non-material damages) is possible.
Compensation Table
With this in mind, the chart below shows how the Judicial College Guidelines give award bracket compensation amounts (not guarantees) for psychiatric suffering. Please note that the Judicial College Guidelines did not provide the top row figure.
| Type of Psychiatric Injury | Severity | Guideline Compensation Figure |
|---|---|---|
| Very Serious Psychological Distress with Financial Losses | Very Serious | Up to £500,000 and above |
| General Psychiatric Damage | 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 | |
| Post-Traumatic Stress Disorder (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 |
With this in mind, your stolen documents data breach claim could use the results of a psychiatric assessment to calculate similar. Proof of financial losses such as missed work, counselling costs, or other related bills and receipts can ensure a more thorough compensation amount. Speak to our team to learn what other out-of-pocket costs you may be eligible for.
Contact Our Team To Claim For A Stolen Documents Data Breach
A No Win No Fee agreement could help fund the services of a solicitor. Arrangements such as this require no upfront or ongoing charges. In addition to this, there are no fees due to them at all if the case is unsuccessful. A winning outcome needs a fixed maximum deduction from your settlement of no more than 25%.
To find out more about how you can start a case today:
- Call our team by calling on 0800 073 8804
- Contacting us online
- Or using our ‘live support’ portal below
Related Data Or Device Theft Claims
In addition to a stolen documents data breach claim, the resources below offer further help on related topics:
- More about stolen computer data breach claims
- Is sharing an email address a breach of UK GDPR? Find out more
- How to make a data breach claim if medical records have been stolen
- Read more on special category personal data
- Tips for staying safe online
- More reading on advice about good data sharing and security
