Who Could Claim For A Breach Of Criminal Records Data?

A breach of criminal records data can have a negative impact on you. If your personal data relating to criminal convictions has been exposed in a data breach, you might wonder what the next steps are that you should take.

Breach of criminal records data

Breach of criminal records data breach guide

This guide looks at data breaches involving criminal records or criminal offence data. If your personal data relating to criminal convictions is exposed as a result of wrongful conduct, you could be eligible to make a claim.

This type of data is offered more protections than other forms of personal data. The Information Commissioner’s Office (ICO) defines a personal data breach as a security incident that affects your personal data’s availability, security or confidentiality.

We have a team of advisors that can provide you with information and answer any questions that you may have about whether you’re eligible to make a claim. This free service is available 24 hours a day, 7 days a week.

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Select A Section

  1. What Is A Breach Of Criminal Records Data Under The UK GDPR?
  2. Is A Criminal Record Sensitive Data?
  3. Does This Cover Victims And Witnesses Of A Crime Personal Data?
  4. Does This Cover Allegations And Suspicion Of Criminal Activity?
  5. What Could You Claim For A Breach Of Criminal Records Data?
  6. How To Claim For A Breach Of Criminal Records Data

What Is A Breach Of Criminal Records Data Under The UK GDPR?

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are the pieces of UK legislation that protect personal data. Personal data relating to criminal convictions and offences is offered additional protection.

The ICO is the independent authority that upholds the data protection rights of data subjects who reside in the UK. They can also fine organisations that fail to protect personal data.

The UK GDPR applies to data controllers and data processors. A data controller is an entity that decides how and when your personal data is processed. A data processor can be used to process data on behalf of a controller. They both have a responsibility to protect your personal data.

Personal data is information that has been processed and is stored digitally or physically, and that can be used to identify you. It doesn’t matter whether the information can identify you alone or whether it needs to be combined with other information, it’s still classed as personal data.

A data breach could include where your personal data is:

If you want to see if you are eligible to make a claim for a breach of criminal records data, get in touch with us today.

Is A Criminal Record Sensitive Data?

Sensitive data is referred to as special category data. This means that it requires more protection than other forms of personal data. Special category data can include personal data relating to your:

  • Racial or ethnic origin
  • Political opinions
  • Genetic data
  • Biometric data
  • Religious or philosophical beliefs

Criminal offences data is not classed as special category data. However, it is distinct from general personal data, and there are different rules relating to how it should be protected. It covers information in the context of:

  • Criminal activity
  • Allegations
  • Investigations
  • Proceedings

The special rules that apply to this data are in place because the use of this data could pose a risk to the rights and freedoms of the data subject in question. However, it’s not classed as sensitive data as the protections offered are different.

This is because you may be able to justify the use of criminal offence data in a wider number of situations because of the need to protect the wider interests of the public from crime. This is despite the impact that processing the data might have on the data subject’s individual rights.

Contact us today for more information about whether you could claim after a breach of criminal records data caused by wrongful conduct.

Does This Cover Victims And Witnesses Of A Crime Personal Data?

According to the ICO, the protections offered to criminal offence data don’t cover the personal data of victims and witnesses of crimes. However, this does not mean that this data is not sensitive, requiring particular care when it’s being processed.

For example, a witness to a crime may be traumatised by the incident they were involved in. Exposure of their personal data could exacerbate the impact that the incident has had on them.

Furthermore, they might be at risk of being intimidated as a witness after a breach in some cases. Witnesses and victims whose data has been involved in a breach could also be the victims of further crime.

For more information on claiming after a breach of criminal records data, speak with an advisor today.

Does This Cover Allegations And Suspicion Of Criminal Activity?

The rules that surround criminal offence data arren’t just limited to criminal convictions. Instead, they apply to all personal data “relating to” criminal convictions. This means that personal data relating to allegations and suspicions is offered the same protection as other criminal offence data.

People who have convicted of crimes or have been suspected of criminal activity can be stigmatised. The impact of a breach of this criminal data can include an effect on your:

  • Right to liberty and security
  • Freedom to choose an occupation and the right to engage in work
  • Right to a fair trial
  • Freedom to conduct a business
  • Right to respect for private and family life

If a breach of criminal records data has caused you harm, then you may be able to claim provided it was caused by the failings of the organisation in question. Get in touch with our team for free legal advice.

What Could You Claim For A Breach Of Criminal Records Data?

Data breach compensation is calculated based on the individual factors of a case. The amount of financial and psychological harm you’ve sustained will affect the amount you receive.

There are two different kinds of damages that you can be compensated for after a data breach. These are called material and non-material damages.

Material damages relate to the financial losses that a data breach has caused you. You’ll need to have some form of evidence to show that you have suffered these damages.

A data breach could result in material damages if your bank account details were exposed in a breach and your identity was stolen as a result. Furthermore, you may lose out on a job opportunity because criminal offence data was exposed in a breach.

Non-material damages relate to any mental impact or psychological injuries that may develop in the aftermath of a data breach. The table below has some examples of the different types of injuries that you could suffer.

We have created the table below using figures from the latest edition of the Judicial College Guidelines (JCG), published in the spring of 2022.

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Psychological Injuries Compensation Brackets Description
Mental Harm: Severe £54,830 to £115,730 There is a poor prognosis and the illness will impact factors including ability to cope with all areas of life and future vulnerability.
Mental Harm: Moderately Severe £19,070 to £54,830 Significant problems with ability to cope with all areas of life and future vulnerability. More optimistic prognosis.
Mental Harm: Moderate £5,860 to £19,070 Problems associated with ability to cope with all areas of life and future vulnerability, but with marked improvement and good prognosis.
Mental Harm: Less Severe £1,540 to £5,860 Amount awarded will consider how long the person was disabled for and the extent to which daily activities were impacted.
Anxiety Disorder: Severe £59,860 to £100,670 Permanent effects from trauma that prevent a person from working. All areas of life will be negatively impacted.
Anxiety Disorder: Moderately Severe £23,150 to £59,860 Better prognosis than in more serious cases. However, significant disability will be felt for the foreseeable future.
Anxiety Disorder: Moderate £8,180 to £23,150 A largely full recovery. If there are any ongoing symptoms, they won’t disable the injured person to a gross degree.
Anxiety Disorder: Less Severe £3,950 to £8,180 Recovery has been achieved within one to two years. Any remaining symptoms will be minor.

A ruling in the Vidal-Hall and Others v Google [2015] Court of Appeal case means that you can now claim compensation for psychiatric harm without also having experienced any damage to financial health. Previously, you could only claim for mental harm (for example, stress) if you had also lost out financially.

For more information on the types of damages, you can contact us today. If you have a valid claim for the breach of criminal records data, you could be connected with a lawyer from our panel.

How To Claim For A Breach Of Criminal Records Data

A No Win No Fee arrangement provides a way for someone to obtain legal representation for a breach of criminal records data without paying a solicitor upfront for their services. A Conditional Fee Agreement is a popular form of No Win No Fee arrangement.

Under this kind of agreement, the solicitor won’t require ongoing fees while your claim proceeds. You will pay a legally capped success fee from your compensation which will be deducted from your settlement and will consist of a percentage of your award. You won’t have to pay this fee to your solicitor if your claim is unsuccessful.

If you need help, advice or guidance on your claim. Our advisors can provide answers and information and clear any confusion you may have about the claims process.

Contact us today:

  • Website: Contact us through our website
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  • Phone: Call us on 020 3870 4868

Related Claims Guides

We’ve included some more of our guides below for your reference:

We’ve also gathered information from other sources that you might find useful:

Contact us today for any additional information on what you could do if you’re affected by a breach of criminal records data.

Writer ZS

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