Could I Claim For A Probation Officer Data Breach?

As we go through this guide, we will examine what a probation officer data breach could mean, the personal data breach claim process and the laws that protect your personal and criminal record data.

Probation Officer data breach claims guide

Could I Claim For A Probation Officer Data Breach?

Under our data protection laws, such as the UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018 DPA, those who handle personal data have a legal obligation to protect it in accordance with the applicable laws. Data controllers, which are usually organisations that have control over the purpose for processing personal data, and processors, who are sometimes hired to do the data processing, must protect the personal data they process.

To find out if you can make a personal data breach claim, call us for your free consultation; an advisor can assess the merits of your claim. And if there is adequate evidence to support your data breach claim, we can assign a No Win No Fee data breach solicitor from our panel to work on your case.

  • Contact us today at 020 3870 4868
  • See if you can start your claim online
  • Or you can use our Live Support chat widget to speak to us in confidence

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What Is A Probation Officer Data Breach?

Personal data is information that identifies a person, such as your name, address or email address. A personal data breach is a security problem compromising personal data protection. A personal data breach can mean your personal data has been:

  • Lost or stolen
  • Destroyed or deleted
  • Altered or encrypted
  • Accessed or disclosed without authority to do so.

As a data subject, under Section 82 of the UK GDPR, you have the right to claim compensation for a personal data breach if;

  • The data controller or processor failed to comply with data protection laws in correctly protecting your personal data.
  • Due to this failure to adhere, a data breach occurred that affected your personal or criminal data,
  • And as a result, you suffered mental harm and/or financial losses.

To find out if you could make a claim should a probation officer data breach occur and affect your personal or criminal record data, call our advisors today.

How Could The Probation Service Breach Your Data?

Human error is generally the most common cause of a personal data breach. They can also be caused by cyber criminals hacking online systems and gaining access to records and databases that contain personal data.

Here are examples of how a data breach could cause your personal data to be compromised:

  • An employee fails to use the Bcc bar and enters the email addresses into the Cc bar. Consequently, the email addresses are accidentally shared with those who have no authority to view them.
  • A  fax containing personal or criminal record data about an offender is sent to the wrong person.
  • Cybercriminals hack a database that contains personal data because the organisation did not have up-to-date, appropriate cyber security defences installed.
  • A probation officer sends a client’s file containing personal data using a personal email.
  • A computer is stolen that has files containing personal data uploaded onto it but not password protected.

Probation Service Data Breaches

According to a recent report, the Probation Service reported over 40 data breaches in a 2 year period. This included;

  • Unsecured transport of files
  • Mobile telephones stolen
  • Letters sent to the wrong address

Source:https://www.thetimes.co.uk/article/probation-service-struck-by-over-40-data-breaches-in-2-years-lnlbj023d

What Could You Do About A Personal Data Breach?

As a data subject, if you suspect that your personal or criminal record data has been breached, you can write to the organisation you think has suffered the breach and ask them if your personal data has been compromised. If you are not happy with their reply or they fail to reply at all, you can escalate the complaint internally.

At this point, you could also ask the ICO to investigate but wait no longer than 12 weeks after the last correspondents with the data controller as the ICO may not investigate an old complaint.

If a data breach occurs that infringes on your right and freedoms, then the organisation should report it to the ICO within 72 hours. The organisation should also contact you without undue delay. Keep any correspondence you receive as if you decide to make a personal data breach claim it can be used as evidence.

To find out if you have a valid personal data breach claim, if your personal data was affected by a probation officer data breach, call our advisors today for free advice.

What Compensation Could You Claim?

A personal data breach that succeeds can receive a compensation settlement that could include up to two heads of claim.

  1. You could receive compensation for material damage which covers financial losses that you suffered or could suffer in the future due to the data breach.
  2. Compensation for non-material damage can cover any emotional distress or mental health injuries caused by the data breach.

The compensation brackets are from the 16th edition compensation guidelines from the Judicial College (updated for 2022). But please be aware that valuing a compensation settlement can be a complex process. Therefore these amount brackets are for guidance only.

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Severity Type Of Mental Health Illness JC Guidelines On Damages About This Injury
A – Severe General Psychiatric Damage £54,830 to £115,730 Injured parties will have marked issues with the ability to cope with life, relationships and social life. This is as well as future vulnerability and a very poor prognosis.
B – Moderately Severe General Psychiatric Damage £19,070 to £54,830 Although the prognosis in this category is more positive there will still be major issues with the factors mentioned above.
C – Moderate General Psychiatric Damage £5,860 to £19,070 The person may face similar issues with relationships, studies or employment, however they will have made a good level of recovery by the time the claim goes to court.
D – Less Severe General Psychiatric Damage £1,540 to £5,860 How much may be awarded is based on how long any disability suffered lasted for and how serious this was.
A – Severe Post-Traumatic Stress Disorder £59,860 to £100,670 PTSD has caused a significant and severe level of disability to this person. They will be affected at a permanent level in all areas of their life.
B – Moderately Severe Post-Traumatic Stress Disorder £23,150 to £59,860 Professional care could mitigate some of the most severe effects.
C – Moderate Post-Traumatic Stress Disorder £8,180 to £23,150 A good degree of recovery will be made and remaining symptoms are not serious enough to be debilitating.
D – Less Severe Post-Traumatic Stress Disorder £3,950 to £8,180 The person will make a near full recovery in 1 – 2 years.

The table does not include compensation for material damage. Please contact us if you want more advice about how much compensation you could potentially claim.

How Could We Help After A Probation Officer Data Breach?

Our advisors are on hand every day of the week, around the clock, so that you can contact them at a convenient time. They will answer any pressing questions you may have and provide advice on what your next steps could be. If they can see your personal data breach claim has the potential to be awarded compensation, a solicitor from our panel could offer to take on your case.

All the data breach solicitors on our panel work on a No Win No Fee basis, which means you generally will not have to pay them anything before the claim starts. If your case succeeds, you will be required to cover their success fee. Moreover, your success fee is a legally capped percentage, and you will pay the fee from your compensation payout. Should the case fail, you do not have to pay this success fee.

To see if you are eligible to claim compensation should your personal data be affected if a probation officer data breach were to happen, contact us today.

  • Call our claims advice line on 020 3870 4868
  • Or claim online using our online form
  • Or type your question into our Live Support chat widget

Getting Further Help When Dealing With A Data Breach

These guides might be helpful if your data is breached.

Failure To Redact Data Breach Compensation Claims

Wrong Email Data Breach Compensation Claim

Can I Claim Compensation For Anxiety After A Data Breach?

An ICO guide to sensitive data, also known as special category data

An ICO guide to whether an organisation needs your consent to process your data

Information from the NHS on mental health conditions

To see if you are eligible to claim compensation should your personal data be affected if a probation officer data breach were to happen, contact us today.