What Is A Stolen Documents Data Breach Claim?
This guide will explain when it might be possible to make a stolen documents data breach claim for compensation. Personal data breaches can have a great impact on various aspects of a person’s life. For instance, they could cause someone to experience psychological harm in the form of stress or anxiety. Additionally, they could have a financial impact on you too. For instance, if a criminal has stolen your data, they may use it to target you for fraud or identity theft, leading to different financial losses.
As per data protection law, data controllers and data processors are legally obligated to protect the personal data they collect. Data controllers are responsible for setting a purpose with regards to the personal data they process. Data processors act on behalf of the data controller.
The UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) outline the responsibility data controllers and data processors have for protecting personal data. If they fail to do adhere to data protection law, and their wrongful conduct causes a breach of your personal data leading you to suffer psychological harm or financial losses as a result, you may be able to seek compensation. Later in this guide, we will explore different examples of how a personal data breach could lead to you seeking data breach compensation .
Please contact us today for more information. We can offer you free legal advice and if you hold a valid claim, could assign a solicitor from our panel to begin working on your case. To get in touch you can:
- Call our helpline on 020 3870 4868.
- Request a callback by filling out our claim online form.
- Use the live support widget on your screen to get in contact.
Select A Section
- A Guide To A Stolen Documents Data Breach Claim
- Have Your Documents Been Compromised In A Personal Data Breach?
- Documents Which May Be Stolen
- What To Do To Make A Stolen Documents Data Breach Claim?
- What Could I Claim Compensation For?
- How To Start A Stolen Documents Data Breach Claim
A Guide To A Stolen Documents Data Breach Claim
As per data protection law, organisations must protect the personal data they collect and use because failing to do so can lead to a personal data breach.
A personal data breach involves your personal data being accidentally or unlawfully lost, altered or destroyed. It could also mean your personal data is accessed or disclosed without authorisation.
For example, an organisation may not lock away or properly secure your data. As such, someone without authorisation could access your documents.
In cases where they have failed to adhere to data protection law, the Information Commissioner’s Office (ICO) could issue fines and take other enforcement actions based on the findings of any investigation they launch.
For more information on whether you’re eligible to make a stolen documents data breach claim, please get in touch on the number above.
Have Your Documents Been Compromised In A Personal Data Breach?
If you’re wondering whether you’re eligible to make a stolen documents data breach claim, it may help to look at some examples of how a personal data breach could occur. The following examples show how an organisation’s wrongful conduct could result in you suffering psychological harm or financial losses due to a personal data breach.
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- Human error: A staff member may have sent an email with documents containing your personal information to the wrong email address. As a result, your debit or credit card details may have been stolen.
- Lack of cyber security: An organisation may have failed to keep their cyber security systems up to date. As a result, it may have made them more susceptible to a ransomware attack.
- Lack of staff training: An organisation may have failed to provide their staff adequate data protection training. As a result, staff may have incorrectly disposed of your documents.
- Documents not being securely stored: An electronic device may have been stolen after it wasn’t properly stored away or password protected. As a result, someone could unlawfully access files stored on the stolen device containing personal data.
If you have evidence of a similar type of personal data breach, please get in touch with our team. They can provide further guidance on whether you’re eligible to seek compensation.
Documents Which May Be Stolen
Here are some examples of personal information that stolen documents could contain:
- Name
- Postal address
- Date of birth
- Email address
- Phone number
- Bank account details
Additionally, there may be some sensitive personal data that stolen documents could contain. This is special category data.
Examples of special category data can include information regarding a person’s sexual orientation or data concerning their health. If sensitive personal data is breached, this could mean that the data subject may experience stress due to the data breach or other problems with their psychiatric and mental health problems.
The Hackney Council Data Breach
It has been reported that a cyber criminal group has posted online what it claims are stolen documents that were taken in a Hackney Council ransomware attack.
Experts claim that the information that was exposed is limited and not visible through search engines. It has been reported that services to residents were disrupted.
Source: BBC News https://www.bbc.co.uk/news/uk-england-london-55574580
—— Copyscape break here ——
What To Do To Make A Stolen Documents Data Breach Claim
If you have evidence an organisation has breached your data, you can raise your concerns with them directly. They could advise you more about the data breach. If you hold a valid claim, there are certain steps you can take to support your case. This can include gathering evidence such as:
- Records of communication between you and the organisation
- Records of communication between you and the ICO
- Financial documents to highlight any monetary losses such as bank statements or credit card statements
- Medical records to highlight more severe cases of psychological harm, such as post-traumatic stress disorder
You could also seek legal advice from an experienced data breach solicitor from our panel. They could help ensure you have sufficient evidence to support your case and help you through each stage of the claims process.
For more information about making a stolen documents data breach claim get in touch. If you are eligible to claim, we can refer you to a solicitor from our panel to help you take steps to claim the compensation you deserve.
What Could I Claim Compensation For?
If you make a successful data breach compensation claim, you can potentially receive up to two heads of claim.
- Material damages to compensate you for any financial losses incurred as a result of the personal data breach.
- Non-material damages to compensate you for mental injuries or other emotional distress suffered as a result of the personal data breach.
Please refer to the table below to estimate how much you could claim in non-material damages. We used the 16th edition of the Judicial College guidelines to create the table.
The guidelines contain bracket compensation amounts that legal professionals often use to help them when assigning value to the non-material damages head of your claim.
Psychological Injury | Comments | Possible Compensation |
---|---|---|
Severe Anxiety Disorder (a) | PTSD could have impaired the person’s ability to be able to function at the same level they did before the trauma occurred. | £59,860 to £100,670 |
Moderately Severe Anxiety Disorder (b) | A moderately severe form of post traumatic stress disorder may significantly impact the person’s life. However, the person could make a good degree of recovery due to professional help. | £23,150 to £59,860 |
Moderate Anxiety Disorder (c) | Those with a moderate degree of PTSD will have made a good recovery. Any remaining symptoms should not impair the person in a grossly disabling way. | £8,180 to £23,150 |
Less Severe Anxiety Disorder (d) | The person will have virtually made a complete recovery. This should have happened within 12 – 24 months. | £3,950 to £8,180 |
Severe Psychiatric Damage (a) | People with a severe psychiatric injury may have difficulties with all aspects of their life. They will have a poor prognosis for future recovery. | £54,830 to £115,730 |
Moderately Severe Psychiatric Damage (b) | The person could have been affected in similar ways to someone with a more severe case but will have a more optimistic prognosis. | £19,070 to £54,830 |
Moderate Psychiatric Damage (c) | Those in this category have a better prognosis for future recovery. | £5,860 to £19,070 |
Less Severe Psychiatric Damage (d) | Where the award falls may depend on how long symptoms were experienced for and how serious they were. | £1,540 to £5,860 |
If your compensation claim is successful, you may receive a different amount of compensation from what you can see in this table. For a more detailed and accurate estimate of what you could receive following a successful claim, please get in touch on the number above.
How To Start A Stolen Documents Data Breach Claim?
You may be wondering if you’re eligible to make a stolen documents data breach claim for compensation. If so, please contact us to speak to an advisor to see if you have legitimate grounds to claim. If we can see that you have a valid claim with a chance of success , we can connect you to our panel of solicitors who can handle your claim on a No Win No Fee basis.
When you make a claim on this basis, you may be offered a Conditional Fee Agreement (CFA). As such, you don’t pay an upfront fee for your solicitors services. Moreover, you won’t pay fees as work on the case proceeds.
Instead, you will pay a success fee if the outcome of the claim is successful. Moreover, if you win, you will pay the success fee from your compensation. The fee is subject to a legal cap.
If the outcome of your claim is unsuccessful, you won’t pay a success fee.
Please do contact us today to enquire about making a claim with a solicitor from our panel on this basis. To get in touch you can:
- Call us on 020 3870 4868 to speak to an advisor.
- Request a callback by filling out our claim online form.
- Use the live support widget on your screen to get in contact.
Find Out More About Data Protection Breach Claims
You may wish to read these online resources to learn more about making a data breach claim.
- Verbal Disclosure Data Breach Compensation Claims
- Failure To Redact Data Breach Compensation Claims
- Stolen Paperwork Data Breach Compensation Claims
- ICO: Identity Theft
- ICO: Your right to be informed
- NHS: Post-traumatic stress disorder
We hope our guide on making a stolen documents data breach claim has helped. Call us for more information.