What Is A Stolen Phone Data Breach Claim?

If a phone containing your personal data has been stolen, causing you harm, you could be eligible to make a stolen phone data breach claim.

Stolen phone data breach

Stolen phone data breach claims guide

In this article, we will examine the two key pieces of legislation that govern data protection for UK residents. Additionally, we look at how a personal data breach can occur and the steps organisations could take to avoid data breaches. We explore examples of what personal data could be included in a breach.

You might want to know if you can get compensation for a personal data breach. We’ll explore the criteria your case must meet to form a valid claim and how compensation is calculated.

Finally, we will look at how a No Win No Fee arrangement could help you to fund legal representation for your claim. Our advisors are available to answer any questions you may have and may be able to put you in touch with a solicitor from our panel.

To get in touch with our advisors:

Select A Section

  1. A Guide To Making A Stolen Phone Data Breach Claim
  2. Are There Different Types Of Data Breach?
  3. How Common Is Phone Theft In The UK?
  4. What Could Be The Emotional Impact Of A Data Breach?
  5. How Much Can I Claim For A Stolen Phone Data Breach?
  6. How Could We Help You Make A Stolen Phone Data Breach Claim?

A Guide To Making A Stolen Phone Data Breach Claim

For residents of the UK, there are two main pieces of legislation that help govern how your personal information is used and stored. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Personal data is information that may identify you. For example, this could be your name, postal address, post code, or email address.

While the UK GDPR grants data subjects rights regarding claiming compensation should their details be involved in a personal data breach, some eligibility criteria apply.

You must be able to prove:

  • The organisation responsible for your personal data did not adhere to data protection law
  • Your personal data was involved in the breach
  • You experienced either financial or psychological harm as a result of the breach

Contact our team today to find out if you could be eligible to make a stolen phone data breach claim.

Are There Different Types Of Data Breach?

A stolen device is not the only way that a data breach can occur. There are a variety of ways that a personal data breach could come about, including:

  • Human error: Human error could contribute to a personal data breach. For example, failure to use BCC in a mass email or failure to redact personal data from an accessible document.
  • Inadequate security: Inadequate security measures, both in terms of physical security and cybersecurity, could lead to stolen paperwork and stolen devices, both of which may contain personal data.
  • Misdelivery: Personal data could be sent to the wrong recipient. For example, an email containing personal data could go to the wrong email address, or a letter containing personal data could go to the wrong postal address.

Find out if you could make a stolen phone data breach claim today by getting in touch with our advisors.

How Common Is Phone Theft In The UK?

The Information Commissioner’s Office (ICO) is the body responsible for enforcing data protection legislation. If you suspect that your personal data could have been compromised in a breach, you can make a complaint to the ICO. They also provide information for organisations and individuals to aid in data protection compliance.

As part of their role, the ICO collects and publishes data security incident statistics per financial quarter. The chart below shows the rate of personal data breaches caused by lost or stolen devices across all sectors by financial quarter.

Personal Data Breaches Caused By Lost_Stolen Devices By Financial Quarter

Personal Data Breaches Caused By Lost/Stolen Devices By Financial Quarter

 

 

 

 

 

 

 

 

 

 

Our advisors can provide free legal advice surrounding your stolen phone data breach claim when you get in touch.

What Could Be The Emotional Impact Of A Data Breach?

A personal data breach could result in psychological harm. For example, you may suffer from stress due to a data breach. The emotional impacts of a stolen phone data breach can include:

  • Distress
  • Anxiety
  • Depression
  • Post-Traumatic Stress Disorder (PTSD)

These illnesses could come together to form the non-material damage head of your potential claim. We will go into more detail about the potential heads of claim you may pursue should you choose to make a claim in the following section.

Gathering evidence of the emotional impacts of a personal data breach can help strengthen your claim. For example, medical records may show the emotional impacts of a data breach.

Contact our advisors to find out if you could make a stolen phone data breach claim.

How Much Can I Claim For A Stolen Phone Data Breach?

Your claim may contain two heads of compensation. These are material damage and non-material damage.

  • Material damage: Any financial losses you suffer as a result of a personal data breach fall under this head. For example, charges on your credit card, or damage to your credit score.
  • Non-material damage: Any psychological injuries that you suffer following a breach fall under non-material damage. For example, stress, anxiety, PTSD.

Previously, receiving non-material damage was contingent on receiving material damage. However, since the Court of Appeal ruling in Vidal-Hall and Others v Google Inc [2015], claimants may now receive non-material damage awards either standalone or with material damage.

The Judicial College Guidelines (JCG) can help give you a broad estimate of what you could potentially receive in compensation. It contains injuries listed alongside guideline compensation brackets. These brackets often help legal professionals value claims. The table below contains mental health brackets from the latest edition, published in April 2022.

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Mental Injury Severity Potential Compensation Notes
Psychological injury Severe (a) £54,830 to £115,730 The claimant is not likely to recover from an inability to cope with life and personal relationships.
Psychological injury Moderately Severe (b) £19,070 to £54,830 Although the prognosis is slightly more optimistic, the claimant will experience an inability to cope with daily life and relationships.
Psychological injury Moderate (c) £5,860 to £19,070 The prognosis is good and symptoms show improvement by the time of trial.
Psychological injury Less Severe (d) £1,540 to £5,860 A period of disability causes symptoms that impact daily activities and sleep.
PTSD Severe (a) £59,860 to £100,670 Permanent inability to function at the same level as seen prior to the trauma.
PTSD Moderately Severe (b) £23,150 to £59,860 There be will significant disability for the foreseeable future, but the claimant may experience some recovery with professional help.
PTSD Moderate (c) £8,180 to £23,150 The claimant is largely recovered, but some non-disabling symptoms remain.
PTSD Less Severe (d) £3,950 to £8,180 Minor symptoms may be experienced beyond 1-2 years, but there has been virtually a full recovery.

Our advisors can provide an estimate of how much you could receive for your stolen phone data breach claim when you get in touch today.

How Could We Help You Make A Stolen Phone Data Breach Claim?

Hiring a No Win No Fee solicitor could make the claims process seem less daunting. A solicitor from our panel could provide their services using a Conditional Fee Agreement (CFA). Generally, you do not pay upfront solicitors fees under a CFA. A success fee is taken from the awards of successful claims. Legal caps apply to these fees. However, if your claim isn’t successful, you will not have to pay a success fee.

Our advisors can discuss when making a stolen phone data breach claim might be possible. Contact them if you have evidence your details were leaked. Our panel of No Win No Fee solicitors could take your case if it is eligible.

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References

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Writer IW

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