The Driver and Vehicle Licensing Agency (DVLA) is a public body of the Department for Transport. It is responsible for holding the personal data of drivers to maintain road safety and law enforcement. Like all organisations, it is required to follow data protection laws to ensure all personal information is secure and used for its intended purpose. If they fail to adhere with these laws and a compromise in personal data occurs, those harmed could be eligible to make DVLA data breach claims.
Key Takeaways
- The DVLA are legally obliged to adhere to data protection laws when holding your personal data.
- If the DVLA compromised your personal information, you may be eligible to start a data breach claim.
- Data breach compensation awards depend on the extent of your psychological harm and financial losses.
- Certain outside organisations can request access to the personal data held by the DVLA.
- Our excellent panel of data breach solicitors may offer legal support on a No Win No Fee basis.
If you would like to begin a data breach claim today, please reach out to our friendly advisors by:
- Accessing our ‘contact us’ page online
- Calling our advisors on 020 8050 6279
- Submitting a free online enquiry
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Jump To A Section
- Who Can Make DVLA Data Breach Claims?
- The Average Compensation Paid After A Data Breach In The DVLA
- What Personal Data Will The DVLA Hold?
- Who Has The Authority To Access My DVLA Records?
- How Can I Know If My DVLA Data Was Involved In A Breach?
- How Has DVLA Data Been Leaked In The Past?
- How Do I Start A Compensation Claim For A DVLA Data Breach?
- Get Expert Help From Data Breach Claims
- Learn More
Who Can Make DVLA Data Breach Claims?
Any person whose data was compromised by the DVLA may be eligible to start a DVLA data breach compensation claim. However, they must meet the following criteria:
- The data controller (DVLA) failed to adhere to data protection laws
- This caused your personal data to become compromised by a data breach
- This resulted in you suffering from psychological harm, financial losses or both
All organisations that process the personal data of individuals have a legal obligation to adhere to data protection laws to ensure their information remains secure. The laws they must follow consist of the Data Protection Act 2018 and the UK General Data Protection Regulations (GDPR).
Such legislation was passed to protect the fundamental rights of a person’s privacy and data, ensuring it is used and stored appropriately. Therefore, if an organisation fails to adhere to such laws, personal data may become compromised by a data breach.
So, if the organisation was responsible for breaching your personal data, resulting in you suffering mental harm or incurring financial losses, you may be eligible to claim compensation.
To find out if you are eligible to start a data breach claim, please contact our helpful advisors. They can discuss all aspects of DVLA data breach claims.
The Average Compensation Paid After A Data Breach In The DVLA
To arrive at an average amount of compensation for a DVLA data breach, you would first need to find out how many successful claims were made in a given year. Once you have this number, you would also need to find out the total amount of compensation awarded to these claimants. With these two numbers, you would divide the total awarded by the total number of claimants.
However, the amount of compensation that is paid following a successful a data breach claim varies from case to case. This is because each claim is brought forward with different circumstances, emotional injuries and losses which are all taken into account when the award is being calculated.
If the data breach caused your psychological injuries, this is referred to as non-material damage. The award you may receive for this is calculated using an independent medical assessor’s report of psychological harm in conjunction with compensation guidelines that were issued by the Judicial College (JCG). The JCG is a document which contains a list of physical and psychological injuries presented alongside suggestive compensation brackets.
Here is a table containing examples from the JCG of psychological harm you may have experienced following a personal data breach. Before reading this, please note that the figures are not guaranteed. Also, the top figure was not taken from the JCG.
| Psychological Harm | Compensation Guideline | Explanation |
|---|---|---|
| Multiple Severe Psychological Injuries and Significant Financial Losses | Up to £250,000 plus | This may be awarded to those with multiple psychological injuries that are severe and result in significant financial losses. |
| Severe Psychiatric Damage | £66,920 to £141,240 | Some factors that may be taken into account when valuing claims of this nature include the person's ability to cope with life, work and relationships. Further, their level of treatment, future vulnerability and prognosis. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | The factors reviewed within this award are the same as the ones listed above. However, there is a more optimistic prognosis. Some awards may be at the higher or lower end of the bracket, but the majority remain central. |
| Moderate Psychiatric Damage | £7,150 to £23,270 | The harm suffered within this award are the same as those listed above, but again, there is an optimistic prognosis and most cases are settled in the middle of the brackets. |
| Less Severe Psychiatric Damage | £1,880 to £7,150 | The psychological harm considered within these brackets are the duration of the mental disability and its impact on the person's day-to-day life, including their ability to work and sleep. |
| Severe PTSD | £73,050 to £122,850 | Such brackets are considered if the person suffers permanent effects of PTSD, preventing them from working or functioning at anything close to their pre-trauma level. For this award, all aspects of their life would be negatively impacted. |
| Moderately Severe PTSD | £28,250 to £73,050 | Such brackets are distinct from those above as they consider a better prognosis and recovery after gaining professional help. However, the higher end does consider significant disability within the future. The majority of such cases settle between £35,100 and £45,300. |
| Moderate PTSD | £9,980 to £28,250 | A person may be awarded a figure from these brackets if they have largely recovered and the continuing effects are not grossly disabling. |
| Less Severe PTSD | £4,820 to £9,980 | Such brackets may be considered if the person mostly makes a full recovery within one or two years. Only minor symptoms may persist. |
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Material Losses In Data Breach Compensation
If the breach of your personal data caused you to incur financial losses, this is referred to as material damage. Such losses may also be taken into account during the calculation of your compensation.
Examples of financial losses you may incur following a data breach include:
- The loss of your personal savings
- Lost wages for your time off work while recovering from your psychological harm
- Lost work benefits, including promotions, bonuses and pension contributions
- Costs towards psychological medication or therapy, such as counselling
- The cost of relocating, if you were required to do so for your security
- Costs for new DVLA identification cards
To support your claim, it may be useful to keep a record of your financial losses. This may include copies of your payslips, credit card statements and bills.
For more specific examples of how much compensation may be awarded for successful DVLA data breach claims, please contact our advisors.
What Personal Data Will The DVLA Hold?
The DVLA is an executive agency of the Department for Transport. As such, they maintain the licensing and registration of drivers in Great Britain. This also means that they hold the personal information of all drivers. They store such data to support law enforcement, road safety, and identify vehicles on public roads.
The types of personal data held by the DVLA include a person’s:
- Full name
- Current address
- Date of birth
- E-mail address
- The address registered to the V5C registration certificate
- Vehicle registration numbers
As the DVLA holds the personal data of 52 million drivers, it aims to comply with all data protection laws to ensure their information is correctly secured. However, if they fail to do so, this may have significant ramifications for the individuals whose data they hold.
If your personal data was compromised by the DVLA, contact our advisors to find out if you are eligible to claim compensation for the harm this caused you.
Who Has The Authority To Access My DVLA Records?
Under Section 27 of the Road Vehicles (Registration and Licensing) Regulations 2002, government departments and public sector bodies may have the authority to access personal data held within DVLA records. Additionally, they may also release personal data to the police or local authorities to resolve matters of public concern.
Although the DVLA must adhere to data protection laws, they may grant government bodies or public authorities access to the personal data they hold for matters concerning:
- Unsafe vehicle use
- Road traffic law enforcement
- Tax collection
However, if the DVLA releases information to other bodies, they must give a reason for accessing the data, which must be lawful. Further, the body must state why it is being held and meet the requirements of data protection laws.
If an organisation has unlawfully shared your personal data with another organisation, contact our advisors to determine whether you are eligible to start a data breach claim.
How Can I Know If My DVLA Data Was Involved In A Breach?
If your personal data was compromised by a breach, you should receive a letter of notification. This may be a letter or email informing you of the breach.
Once the organisation becomes aware of the breach, it should also inform the Information Commissioner’s Office (ICO) within 72 hours. The ICO may then complete an investigation of the incident. The ICO protect the data rights of the public.
Some signs you may notice if your data was involved in a data breach include:
- Unusual activity within your accounts
- Incorrect or missing finances
- Suspicious messages or emails
- Issues regarding your passwords
If the organisation fails to inform you that your data was involved in a breach, you should report this to them. If they fail to respond to you within 3 months, you may submit a complaint to the ICO.
To learn more about how you can find out if a DVLA breach compromised your data, please contact our advisors.
How Has DVLA Data Been Leaked In The Past?
Organisations can experience a breach of the personal data they hold in various ways. This could be accidental, or it could occur through deliberate criminal activity. Some examples of how data breaches could occur include:
- Human error – this is a data breach caused by a genuine mistake made by an employee or other individual involved with the organisation. For example, failure to train an employee in data protection because they were out of the office on the day this training occurred.
- Sending documents to the wrong address that contain personal information, such as driving licences.
- Sending digital documents to the incorrect email address which contain personal data.
- Phishing emails – this is a coercive email that can cause viruses on computer systems, giving hackers access to personal details. For example, an employee of the organisation may respond to a phishing email, compromising a database.
- Cyber attacks – this is unauthorised access of a computer system with the intention of accessing data and causing damage.
Contact our helpful advisors today to learn more about DVLA data breach claims.
How Do I Start A Compensation Claim For A DVLA Data Breach?
You may benefit from contacting our friendly advisors. They can walk you through the initial stages of the claims process and provide advice on the steps you should take.
For now, however, the following sections will provide you with some guidance on the time limit for starting your claim and the types of evidence that may support it.
How Long Do I Have To Start A DVLA Data Breach Claim?
The time limit for starting a data breach claim is typically 6 years. As such, it is important to keep a record of the date the organisation compromised your personal data to ensure you do not go beyond the limitation period.
If you are not sure when the data breach occurred, it may be worth contacting the organisation for a written record of this. Our panel of solicitors may also provide further assistance with this.
How Can I Support A DVLA Data Breach Claim?
You may support your data breach claim by obtaining evidence. This bundle of information will help to establish how the organisation failed to adhere to data protection laws, compromising your data, resulting in your harm and losses.
Some examples of evidence that may support DVLA data breach claims include:
- A copy of the data breach notification letter
- A list of your personal data that was compromised
- A copy of the data breach report issued to the ICO
- A copy of the ICO’s data breach investigation (if they investigate)
- Medical record of your psychological harm
- Documents of your financial losses, such as bank statements
- Details of the number of people impacted by the data breach
- Copies of correspondence with the organisation
For a successful claim, it is important to obtain as much evidence as you can to establish the organisation failed to comply with the data protection regulations. So, if you need support with this, our excellent panel of solicitors may help you.
If you have any questions about starting a compensation claim for a data breach, please ask our helpful advisors.
Get Expert Help From Data Breach Claims
If you have suffered psychological harm or financial loss from a data breach, you may benefit from the expert help of our panel of solicitors at Data Breach Claims. They will use their specialist legal skills to help you claim the compensation you deserve.
One of the key benefits of claiming with our panel of solicitors is that they offer their services on a No Win No Fee basis under a Conditional Fee Agreement (CFA). This means that you can gain legal support without paying any upfront solicitor fees.
If your claim is successful, your solicitors will request a success fee for the time and work they put into your claim. However, after signing a CFA, this will be taken as a small and legally capped percentage of the compensation you receive. If your claim does not succeed, your solicitor will not request a success fee.
Understandably, having your data compromised may have diminished your trust in sharing your personal data with organisations. However, at Data Breach Claims, we prioritise data protection and customer service. Therefore, our panel of data breach solicitors, who have gained years of combined experience, will try to help you reach a successful settlement to support you in moving on from this difficult period.
Contact Our Data Breach Advisors
If you have any questions regarding the points discussed in this guide or would like to start a data breach claim, please get in touch with our advisors today by:
- Accessing our ‘contact us’ page online
- Calling our advisors on 020 8050 6279
- Submitting a free enquiry online
At Data Breach Claims, we have a 24-hour helpline. Therefore, our advisors can provide support and answer any questions at a time that suits you.
Learn More
If you would like to learn more about data breach claims, please read the informative guides that are linked below.
- A guide which explains data breach claims
- Answers to our data breach FAQs
References
- A guide on personal data breaches, ICO.ORG
- Find guidance on personal data breaches, NCSC.ORG
- Access mental health services, NHS.UK
We appreciate your time in reading this guide, which discusses DVLA data breach claims. We hope that you found this useful.