My Data Was Breached Via Text Message – How Do I Claim?

Lots of organisations are now using text messages as a way of communicating with clients, customers, even schools are using them as a way of informing parents. They are a quick and effective way to communicate with large groups of people. Even Gps and hospitals are using text messages for appointments, feedback and alerting patients. However, organisations that process your personal data have a legal responsibility to ensure this information is safe and secure. This means that when they send out a text message it should be in a way that adheres to data protection laws.

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My data was breached via text message, how do I claim?

This guide will look at personal data breaches that could happen via text messages. We will explain what a personal data breach is, who is eligible to claim, and how a No Win No Fee solicitor could help you.

If you have suffered financial or psychological harm as a result of a personal data breach, get in touch with us today. Our advisors are available to discuss your case, as well as provide information and guidance to help you through the process. Get in touch today:

Select A Section

  1. What Is A Personal Data Breach Via A Text Message?
  2. How Could Your Data Be Breached Via Text Message?
  3. What Could Be The Impact Of A Data Breach On Individuals?
  4. When Must Breaches Involving Personal Data Be Reported?
  5. What Could I Claim If My Data Was Breached Via Text Message?
  6. Can I Make A No Win No Fee Claim If My Data Was Breached Via Text Message? 

What Is A Personal Data breach Via A Text Message?

A personal data breach is a type of security incident that affects the integrity, confidentiality, or availability of your personal data, which is any kind of information that could be used to identify you. For example, your phone number, email address, or name.

Your personal data is protected by the UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018. These two pieces of legislation run alongside each other to ensure the protection of personal data as well as special category data. Special category needs extra protection, as it is classed as sensitive.

In most personal data breach claims, there is a six-year time limit. However, if you wish to claim against a public body, the time limit is reduced to one year. To learn more about time limits in personal data breach claims, contact our team of advisors today.

How Could Your Data Be Breached Via Text Message?

In many cases, personal data breaches are caused by a mistake or human error. However, in order to have a valid personal data breach claim, you must be able to show how those who had a responsibility to protect your personal information failed to do so according to data protection laws. And as a consequence, this caused you harm.

Examples of how your data could be breached via text message include:

  • Wrong recipient  – An organisation sent a text message containing personal information to the wrong recipient.
  • Mass text message – An organisation failed to redact your personal data when sending out a mass text message,
  • Unlawful sharing: There must be a lawful basis for the sharing of personal data. If employees share documents containing personal data over text with no lawful basis, this would count as a personal data breach.

To learn more about what counts as a personal data breach and who is eligible to claim, contact our advisors today.

Illustrating Rates Of Data Breaches

The Information Commissioner’s Office (ICO) is the independent body responsible for overseeing the enforcement of data protection law in the UK. If a company or organisation is found to be in breach of data protection laws, the ICO has the power to investigate and fine them.

According to the ICO, there were 2,172 data security incidents in Q4 of 2021/22. Of this number, the heath sector suffered the most with 427 incidents, followed by the education and childcare sector with 360 and then the local governments, with 218 reported incidents.

Get in touch with us today, our advisors are ready to help you. They are available 24/7, so you can ask any questions you need to ask.

What Could Be The Impact Of A Data Breach On Individuals?

The impact of a personal data breach on an individual can vary, it could affect your financial health and your mental health. For example, if your credit/debit card information is stolen, this could lead to fraudulent purchases, and damage to your credit score, which in turn could lead to significant anxiety and stress. Or you could suffer a physiological injury because data that is sensitive and highly personal has been exposed.

Our advisors are ready to help you and are available 24/7.

When Must Breaches Involving Personal Data Be Reported?

If a personal data breach affects your rights and freedoms, the Information Commissioner’s Office must be notified within 72 hours. You must be informed straight away.

If you believe a personal data breach has occurred but do not receive any notification, you can get in touch with the organisation yourself and request details. You can also ask the ICO to investigate what has happened. While the ICO cannot provide compensation, they may choose to open an investigation.

What Could I Claim If My Data Was Breached Via Text Message?

You might be wondering if you can claim compensation for personal data breached via text messages. If your claim for personal data breach compensation is successful you can be awarded two Heads of Loss.

The Judicial College Guidelines (JCG) can help to value one part of your case. The Judicial College produces these guidelines to provide an insight into the amounts that illnesses and injuries could be awarded.

The guideline amounts provided below were taken from the 16th edition of the JCG, released in  2022.

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Psychological injures Brackets for compensation Injury description
Severe PTSD £59,860 to £100,670 Permanent effect on the ability to cope with daily life.
Severe Psychiatric Damage £54,830 to £115,730 Symptoms that impact everyday life, as well as the ability to function normally.
Moderately Severe PTSD £23,150 to £59,860 If the claimant receives professional help there may be a better prognosis than in severe cases.
Moderately Severe Psychiatric Damage £19,070 to £54,830 Significant problems coping with day-to-day life.
Moderate PTSD £8,180 to £23,150 Largely recovered from the symptoms. Any that continue will not be major.
Moderate Psychiatric Damage £5,860 to £19,070 A good prognosis, with an improvement of symptoms.
Less Severe PTSD £3,950 to £8,180 The claimant should have made a good recovery within 2 years.
Less Severe Psychiatric Damage £1,540 to £5,860 Compensation amounts will reflect the amount a claimant’s life was impacted by the symptoms.

Material Damages

Material damages cover the financial harm you may suffer as a result of a personal data breach. For example, if someone makes a fraudulent purchase on your credit card. Or, if someone accesses your bank account as a result of your details being exposed.

Non-Material Damages

Compensation also takes the form of non-material damages when there has been a form of psychological or mental injury. The table above shows some guideline compensation brackets for psychological injuries.

Since the Court of Appeal case Vidal-Hall and Others v Google [2015], you can now claim for mental injury alone. Previously, claimants could only claim for non-material damages if they had also suffered material damages.

Can I Make A No Win No Fee Claim If My Data Was Breached Via Text Message?

No Win No Fee arrangements offer a way to access legal representation without an upfront solicitor’s fee. If you have a valid personal data breach claim, a solicitor from our panel may be able to offer their services to you on a No Win No Fee basis.

A Conditional Fee Agreement 2013 (CFA) is a type of No Win No Fee agreement based on the outcome of your case. Having a successful case, it would mean that you would have to pay a fee to cover your solicitor’s services. This is known as a success fee and is capped by law. However, if your claim does not succeed, you do not pay the fee.

If you want to find out more about personal data breaches via text messages, you can contact us. We have advisors that can offer free advice.

Learn More About What To Do If Your Data Is Breached

For more information, please take a look at the internal links that we have provided. They could help you understand further what you can do to make a claim.

Additionally, we have gathered some external links for you to have a look through.

This guide has given a brief overview of how data can be breached via text message. You can contact us today for more information.