What Is A CCTV Data Breach Compensation Claim?
Surveillance cameras may often be used in public places, workplaces and in a domestic setting. CCTV cameras are often used as a security measure. However, if there was an instance where an organisation using them breaches data protection law this could cause your personal data to become compromised. In this guide, we will look at when you might be eligible to make a CCTV data breach claim that has compromised your personal data.
CCTV data breach claims guide
It’s important to note that the way in which CCTV technology is used is continuously developing and may be connected to databases using Automatic Number Plate Recognition or Facial Recognition Technology in public spaces. As such, the systems may often process personal data of the general public for various reasons, such as security and crime prevention.
We will look at different examples of CCTV data breaches that could involve your personal data being compromised.
Additionally, we will explore the data protection legislation in place to set out data processors’ and data controllers’ responsibility to protect your personal data. A data controller determines the purpose for which they will process your personal data and in some cases process this data themselves. A data processor is responsible for processing personal data on behalf of the controller if they are required to do so.
If you have any additional questions, please connect with our team today to discuss your options. Contact us today by:
- Using the live chat feature below
- Filling out our online contact form to request a call-back
- Calling 020 3870 4868
Select A Section
- What Is A CCTV Data Breach?
- Domestic CCTV Data Breach Incidents
- Workplace Security Footage Incidents
- Preventing Breaches Of CCTV Data
- What Could You Claim For After A Personal Data Breach?
- Get Help With No Win No Fee CCTV Data Breach Claims
What Is A CCTV Data Breach?
There are several pieces of legislation in place that set out a data controller and a data processor’s responsibility to keep your personal data safe. These include the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). After the UK left the European Union, the DPA was updated. The updated version now sits alongside the UK GDPR.
Those organisations using CCTV that capture personal data such as people’s faces and domestic homes that use CCTV that captures outside of their home boundaries such as footpaths are subject to data protection law.
This ultimately means that personal data recorded needs the same protection as personal information processed digitally and physically.
A personal data breach is where a security breach leads to personal data being lost, altered, disclosed without authorisation or accessed in an accidental or unlawful way.
In cases of a CCTV data breach, the personal data could include:
- Identifiable images of you
- Your car registration plate
If the failings of a data controller or processor have caused your personal data to become compromised in a CCTV data breach resulting in you suffering psychological harm or damage to your finances, you may be able to claim.
Get in touch with our team to find out more.
Guidelines From The ICO On Using Domestic CCTV Systems
The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold data subjects’ freedoms and rights. They have provided guidance on video surveillance, including domestic CCTV systems.
It states that if the domestic CCTV system captures images outside your private domestic property’s boundaries, the DPA and UK GDPR will apply to you. And you will need to be compliant with the law.
This could include areas such as your neighbour’s home, garden, shared spaces or public footpaths or the street.
To find out whether you could make a claim following a domestic CCTV data breach, get in touch.
Domestic CCTV Data Breach Incidents
If someone has a domestic CCTV system that captures footage outside of the boundaries of their property, they must comply with data protection laws and uphold the rights of the people whose images they’re capturing.
However, there may be cases where they fail to do so. As a result, incidents such as the following could take place:
- Your personal data is processed without your knowledge due to the failure to make you aware of their CCTV system.
- The footage is discarded without using the proper procedures
- Those who have no authority to see the images are granted access
Workplace Security Footage Incidents
As per the government website, businesses must register their details with the ICO if they are using CCTV surveillance. They must also pay a data protection fee in some cases.
In order for businesses to use CCTV legally they must:
- Display clear signs to tell people that they are being recorded.
- Have controls in place so that no one without authority can see the recordings
- Ensure that the surveillance is only used for the purposes it is intended for
- If someone has a right to see the recordings you must make this available to them within 1 month.
Preventing Breaches Of CCTV Data
Human error is the major cause of personal data breaches to occur. A data breach through these means can happen in various ways including:
- CCTV footage posted or emailed to the incorrect recipient
- Personal data not redacted from the CCTV before a third party views it
- The footage is lost or stolen because security protocols were not followed
- It was accessed by cybercriminals because no cyber defence systems were used.
However, there are reasonable steps a data controller or processor could take to prevent a personal data breach from occurring. These might include:
- Providing training to staff on data protection policies
- Having an understanding of your responsibilities as a data controller before installing CCTV systems
These are just a few examples of how those responsible could prevent a personal data breach, for more information contact us on the number above.
What Could You Claim For After A Personal Data Breach?
Data breach settlements could comprise up to two heads of claim. These include:
- Material damages: These seek to compensate for the financial losses you have incurred as a result of the personal data breach. This could include money you have lost due to debit or credit card fraud.
- Non-material damages: These seek to compensate for the psychological harm, such as stress or anxiety, you have experienced as a result of the personal data breach.
To accurately calculate the value of the non-material damages head of claim, solicitors may refer to guidelines from the Judicial College. The guidelines set out compensation brackets for different injuries.
We have used figures from the most recent edition of the guidelines to create the table below. Although they are based on previously settled cases, they aren’t a guaranteed amount.
| Harm Sustained | Compensation Brackets | Description |
|---|---|---|
| Severe PTSD (a) | £59,860 to £100,670 | Symptoms of PTSD have a permanent affect on all aspects of the injured person’s life. |
| Severe Psychological Injury (a) | £54,830 to £115,730 | There will be problems of a significant nature and a very poor prognosis. |
| Moderately Severe PTSD (b) | £23,150 to £59,860 | There will be a better prognosis due to professional help. |
| Moderately Severe Psychological Injury (b) | £19,070 to £54,830 | There will be a more optimistic prognosis than in more severe cases. |
| Moderate PTSD (c) | £8,180 to £23,150 | An almost full recovery, although there are some lingering effects that won’t be hugely disabling. |
| Moderate Psychological Injury (c) | £5,860 to £19,070 | There will be a significant improvement and a good prognosis. |
| Less Severe PTSD (d) | £3,950 to £8,180 | A full recovery will be made within a couple of years and only minor symptoms will be experienced. |
| Less Severe Psychological Injury (d) | £1,540 to £5,860 | The award will be influenced by the extent to which the person’s daily life has been impacted as well as other factors. |
It’s important to note, that you can claim compensation for any psychological damage without claiming for any financial losses.
For more information on data breach compensation, contact our advisors today. You can reach them using the number at the top of the page to discuss your potential CCTV data breach claim.
Get Help With No Win No Fee CCTV Data Breach Claims
To be eligible to make a personal data breach claim you must show how the data controller is responsible for the breach. Not all data breach victims will eligible to claim. This means collecting evidence to prove your case.
Working with an expert data breach solicitor can be very beneficial to your case. Our panel of solicitors could represent you under a No Win No Fee agreement. A Conditional Fee Agreement (CFA) allows you to access legal representation without paying upfront for their services.
Additionally, the agreement you sign before your solicitor begins working on your case, will outline the fee you will pay to your solicitor if your claim succeeds. This is a success fee which comes from your compensation. It is subject to a legal cap.
If your claim isn’t successful, you won’t be charged for the services your solicitor has provided you.
To find out whether a data protection solicitor from our panel could represent your CCTV data breach claim, see below for our contact details.
Contact Us Today
If you need any more information on whether you’re eligible to make a CCTV data breach claim, then please contact us today.
Contact us by:
- Using the live chat feature below
- Filling out our online contact form to request a call-back
- Calling 020 3870 4868
Data Breach Claim Resources
Please find some additional resources below.
- Data Subject Rights
- Lost Medical Records Compensation Claims
- How Much Could I Claim For An Email Data Breach?
- ICO- Your rights
- ICO- Make a complaint
- GOV- Personal data an employer can keep about an employee
If you still have questions about making a CCTV data breach claim, then please contact us on the number above.
