If you’ve been affected mentally or financially by an address data breach, we may be able to help. Read on to learn more about making an address data breach claim after your personal data was compromised.
Key Things To Remember In Data Breach Claims
- Personal data is any information that can be used to identify you
- Your address counts as personal data
- If you suffer harm because of a data breach, you may be able to claim compensation
- You could potentially claim for psychological harm and financial losses
- A No Win No Fee solicitor could help you through the claims process
If you’re ready to get started on your claim, or if you’d like to talk to one of our advisors, get in touch today by:
- Calling us on 020 8050 3051
- Using the live chat feature
- Contacting us online
Select A Section
- Is Your Address Personal Data?
- Can You Claim If Your Address Is Included In A Data Breach?
- The Impacts Of An Address Data Breach
- What Can You Do If This Happens To You?
- How Much Compensation Could You Get For An Address Data Breach Claim?
- Learn How To Make A No Win No Fee Address Data Breach Claim
- More Information
Is Your Address Personal Data?
A common misconception is that any information related to you counts as personal data. But actually, under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), personal data is defined as information that could be used to identify you. This could be on its own or in combination with other information.
Your address falls under this category, as well as other data, like your:
- Full name
- Date of birth
- Personal email address
- Phone number
What Is Special Category Data?
Special category data is a type of personal data that needs extra protection because of its sensitive nature. This includes data that could reveal anything about your medical conditions, trade union membership, religious or philosophical beliefs, sexual orientation, and more.
There are a few instances in which your address could be considered special category data. For example, if your current address is an LGBTQ+ hostel, then this could reveal information on your sexual orientation. In this case, your address would be classed as special category data.
Keep reading to find out if you could be eligible to claim address data breach compensation.
Can You Claim If Your Address Is Included In A Data Breach?
A data breach is defined by the Information Commissioner’s Office (ICO), the UK’s data protection watchdog, as a security incident that comprises your personal data’s integrity, confidentiality, or availability.
In order to claim compensation for an address data breach, you need to be able to prove that:
- Your personal data was compromised in a breach
- This breach was caused by wrongful conduct
- You suffered harm as a result
Wrongful conduct occurs when someone who is responsible for your data fails to comply with data protection laws (the UK GDPR and the DPA). There are many ways that wrongful conduct can occur. We’ll explore some of these below.
How Could This Kind Of Breach Happen?
- Human error: For example, an employee at a GP surgery has two address stickers, but places them on the wrong envelopes. The letters inside contain your actual address, and this is revealed when the other patient opens it.
- Sending a letter to the wrong address: For example, if social services sends a letter about your child to an abusive ex-partner’s house by mistake, this could reveal your current address, causing severe psychological distress.
- Lost devices: An employee at a hostel for at-risk women leaves a laptop containing a list of residents on public transport. The laptop is not password protected, and this allows anyone to access the addresses of the women.
If you’re still unsure about whether or not you could make an address data breach claim after your address was compromised, contact our team today.
The Impacts Of An Address Data Breach
An address data breach can have serious and far-reaching consequences, including:
The Psychological Effects Of A Data Breach
When your address is revealed to others, it may make you feel unsafe in your home. This can cause a range of mental health conditions, including anxiety, depression, and even post-traumatic stress disorder (PTSD).
The Financial Effects
In serious cases, you may even need to relocate to a new address. This can be extremely expensive, and can be a significant burden on your finances. You may also experience lost wages after taking time off work to deal with the mental effects of the breach.
Our team may be able to help you recoup these losses if you have an eligible address data breach claim. Contact our team of advisors today to learn more.
What Can You Do If This Happens To You?
So, what can you do if you are affected by a data breach? There are a few steps you could potentially take, including:
- Complaining to the ICO: If you have a concern about the way your data has been used, you can make a complaint to the ICO. You can also report a data breach to the ICO. If they investigate the breach, their findings could be used as evidence in your claim.
- Complain to the organisation responsible: This could be via a letter or email and asking them to clarify how your data was breached and what steps they are taking to prevent this from happening again. Keep any correspondence as it could be used as evidence.
- Seeking medical attention: If the breach has affected your mental health, you can seek medical attention. This makes sure that you get the help you need, and your medical records could be used as evidence in your claim.
- Keeping a record of expenses: Note down any financial losses you experience as a result of the breach and save any documents, such as payslips or invoices, as this can be used as evidence later on if you choose to make a data breach claim.
- Seeking legal advice: We always recommend seeking advice from a legal professional to find out if you could be entitled to compensation.
Our team of specialist data breach solicitors are on hand to help if you’ve suffered mentally or financially because of a data breach. Contact us today to get started on your address data breach claim today.
How Much Compensation Could You Get For An Address Data Breach Claim?
There are two types of compensation you could get for an address data breach, and you don’t need to claim for one to get the other. The first type is non-material damage compensation, and this covers the effects that the breach had on your psychological wellbeing.
When solicitors and other professionals value this type of compensation, they might use the Judicial College Guidelines (JCG) to help. This document can be useful, because it contains guideline compensation brackets for different kinds of psychological harm.
In the table below, you can look at some examples of typical JCG brackets, but it’s important to remember that these are only guidelines. The top figure in this table is not from the JCG, and is only illustrative.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Severe Mental Harm And Financial Loss | Up to £250,000+ | Severe psychological harm and distress, paired with significant financial losses, including lost wages and the cost of relocation. |
| Severe Psychiatric Damage | £66,920 to £141,240 | The claimant faces issues in coping with all aspects of life, and the prognosis is poor. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | There's a more optimistic prognosis than in the category above, but there are still significant issues in coping with several aspects of daily life. |
| Moderate Psychiatric Damage | £7,150 to £23,270 | There is a good prognosis, and symptoms will show a significant improvement by the time of trial. |
| Less Severe Psychiatric Damage | £1,880 to £7,150 | Consideration is given to the level of sleep disruption and how symptoms affected the claimant's day to day life. |
| Severe PTSD | £73,050 to £122,850 | There is no remaining ability to work and symptoms are permanent and severe. |
| Moderately Severe PTSD | £28,250 to £73,050 | There is a chance of recovery with professional help, leading to a slightly better prognosis than the category above. |
| Moderate PTSD | £9,980 to £28,250 | There are no remaining effects that are grossly disabling, and the claimant will be largely recovered. |
| Less Severe PTSD | £4,820 to £9,980 | The claimant is almost completely recovered, with only minor symptoms that remain. |
Can I Claim Material Damage Compensation After An Address Data Breach?
Material damage compensation covers the financial effects of the breach. For example, if you need to relocate after your address is compromised in a breach, then the cost of this could potentially be covered by your material damage compensation.
This heading can also cover losses like lost earnings, the cost of counselling and medications, and travel to and from psychologist appointments.
To learn more about the compensation you could potentially receive from an address data breach claim, talk to a member of our team today.
Learn How To Make A No Win No Fee Address Data Breach Claim
We always recommend starting the data breach claims process with a specialist solicitor. Our panel of solicitors have years of combined experience, and are experts in all aspects of data breach law, which means they can help you through the claims process with peace of mind.
Plus, our panel of solicitors work on a No Win No Fee basis. They offer their clients a Conditional Fee Agreement (CFA), which helps make expert legal representation more accessible to everyone. Under a CFA, you get all of the benefits of a legal expert, without paying:
- Any upfront fees for their work
- Any ongoing fees for their continued services
- For their work at all if the claim fails
If your solicitor helps you make a successful data breach claim, then a small percentage of your compensation will be used as their success fee. This percentage is even capped by law, which means the majority of what you get stays with you.
Contact Our Team Today
If you’d like to learn more about how one of the specialist data breach solicitors on our panel could help you pursue compensation in an address data breach claim, get in touch today by:
- Calling us on 020 8050 3051
- Using the live chat feature
- Contacting us online
More Information
For more helpful data breach guides:
- Learn how to claim for a breach of children’s data
- Get help with making a divorce data breach claim
- Find out about some of our data breach compensation case studies
Or, to learn more:
- Get support from the ICO after a data breach
- Learn about Statutory Sick Pay (SSP) from Gov.UK
- Information and support on mental health from MIND
Thank you for reading our guide on making an address data breach claim after your address was involved in a data breach.
