Would you find it helpful to read an address data breach compensation case study? Perhaps your personal details were recently compromised and this allowed an abusive ex-partner to locate you. If so, this guide offers free information on the steps you can take to get damages for the emotional distress and financial expenses caused.
Data breach is quite a complex area. So we begin by looking at the responsibility that certain parties have to safeguard your personal information. The data protection laws they need to adhere to are the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). Our case study looks at a £20,000 payout based on a breach of these laws.
After this, our guide explores how compensation after a postal address data breach could be calculated. In addition, we list some steps you can take to build your potential claim. This includes exploring the benefits of working with a solicitor under a type of No Win No Fee agreement to launch your claim.
You can connect with our advisors at any point as you read the sections below. If you’d like to discuss eligibility and get a free valuation of your claim now:
- Call our dedicated team 24 hours a day, 7 days a week on 020 8050 3051.
- Contact us via our website.
- Or try the dialogue box below for instant help.
Browse Our Guide
- How Could A Postal Address Data Breach Happen?
- Address Data Breach Compensation Case Study: £20,000 Payout
- How Much Data Breach Compensation Could You Receive?
- What Could You Do After A Postal Address Data Breach?
- See If You Can Make A No Win No Fee Data Breach Claim
- More Information About Making Data Breach Claims
How Could A Postal Address Data Breach Happen?
The DPA and UK GDPR laws are upheld by an independent watchdog for data protection rights called the Information Commissioner’s Office (ICO). They describe a data breach as a security incident that compromises the integrity and confidentiality of personal data, as well as its availability. Personal data is classed as any detail that could be utilised alone, or alongside other details and offers a way to reveal your identity. Typically this includes:
- Name and postal address.
- Email address.
- Contact numbers.
- Date of birth.
- Bank and credit card details.
It can also include more sensitive information called special category data which requires even greater care when being processed. It includes information about your medical conditions. health, racial and ethnic background, religious beliefs and any biometric data used for identification purposes.
Two main groups who work with personal data called controllers and processors. Controllers set the purpose and use for data collection. Processors work with the data on their behalf. This can be done either within the same company or through an outside company.
Both parties are equally obliged to adhere to data protection laws and avoid personal data breaches. If a data controller sends a letter containing your personal data to an incorrect address, it could be classed as a breach. This could occur accidentally through human error, such as by printing the wrong address on the envelope or through criminal activity, such as a hacker gaining access to a system used for address storage and altering it.
To have eligible grounds for a data breach claim, you would need to prove:
- The controller or processor failed to comply with data protection law.
- This wrongful conduct led to your personal data being compromised.
- You suffered mental and/or financial damage as a result of this data protection breach.
Examples of Address Data Breach
- An employer confirms your new address in a letter. However, because of human error, the letter is sent to your old address. This enables an estranged partner to locate you, causing you severe emotional distress.
- A solicitor or social services department duplicates a letter to you and your old partner, revealing new address details in the process. Using this information, the ex-partner stalks you. As a result, you need to relocate for your personal safety.
Your situation may differ so please contact our advisors if you have any questions so far. They can offer free, impartial information about all aspects of claiming for a data breach.
Address Data Breach Compensation Case Study: £20,000 Payout
In this address data breach compensation case study, we look at the claim Miss Davies made after her ex gained access to her new address. Miss Davies had suffered an abusive relationship for several years and was finally able to leave and take her young child to a new home. As she settled in, it became clear through several visits to her flat that her estranged partner had located her. The psychological distress this caused was significant.
It came to her attention that the social services department accidentally included her new address in correspondence with her ex-partner. This failure to safeguard personal data correctly meant that Miss Davies had to move again and rebuild her life elsewhere.
In recognition of this wrongful conduct, she was awarded a compensation amount of £20,000 from the Social Service department at fault. This amount comprised compensation for the financial costs of restoring her privacy and with an amount for the acute distress it put her through.
If you become aware of a personal data breach that caused you to suffer harm, please speak to our team. If your case is valid, we could connect you with a data breach expert solicitor to help you seek the damages owed.
How Much Data Breach Compensation Could You Receive?
If you successfully claim compensation for a personal data breach, the settlement may incorporate two types of loss, classed as material and non-material.
Firstly, a claimant can be compensated for the psychological distress caused by the data breach. This can include general stress, anxiety and severe trauma reactions, as well as the worsening of any pre-existing mental health condition. This is what is meant by non-material loss.
Those responsible for working out the figure of non-material damage can use publications like the Judicial College Guidelines (JCG) to help them. The JCG offers guideline award brackets for various levels of psychological harm, as you can see in the excerpt below. Our table also contains a topline figure that was not taken from the JCG. Also, all personal data breach claims vary, so please think of this table as a guideline only.
Award Bracket Guidelines
| Nature of Injury | Severity Level | Notes | Award Bracket Guidelines |
|---|---|---|---|
| Severe Multiple Psychological Injuries and Associated Material Damages | Severe | This award takes into account severe psychological harm and material damage. | Up to £500,000 plus |
| General Psychological Harm | (a) Severe | A very negative outlook predicted with notable issues coping across all areas of life, including work and relationships. | £66,920 to £141,240 |
| (b) Moderately Severe | A more optimistic prognosis indicated than above but significant and persistent mental health issues are evident. | £23,270 to £66,920 | |
| (c) Moderate | A good degree of improvement is noted by the time any trial date may be set to hear the case. | £7,150 to £23,270 | |
| (d) Less Severe | This award bracket takes into account the length of injury and how significantly areas such as sleep were impacted. | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | Cases in this bracket reflect a severe and permanent trauma injury that diminishes the quality of the person's life compared to before the incident. | £73,050 to £122,850 |
| (b) Moderately Severe | A more optimistic prognosis that above after professional counselling has taken place. A level of significant future disability is still likely. | £28,250 to £73,050 | |
| (c) Moderate | A significant degree of improvement seen and persisting issues are not considered to be majorly debilitating. | £9,980 to £28,250 | |
| (d) Less Severe | Almost a total recovery seen within a 24-month period and just minimal issues persisting beyond this period. | £4,820 to £9,980 |
Material Damage When Claiming Data Breach Compensation
Material damage refers to the financial harm, such as any losses and expenses caused by the data breach. You will need documented evidence to include these amounts, such as:
- Payslips that reveal a loss of earnings because of time away from work.
- Paid invoices for mental health services, such as the cost of seeing a counsellor.
- Receipts and invoices for costs related to relocating.
With this in mind, it’s important to keep hold of all the documented proof that you have. The person in our address data breach compensation case study was able to receive £20,000 because she had solid evidence. Why not take this opportunity to speak to our team about gathering evidence for your claim?
What Could You Do After A Postal Address Data Breach?
It’s vital to gather evidence that proves who was at fault for your data breach. The following steps can help prove wrongful conduct:
- Contact the organisation – Data controllers must inform you about a breach that threatens your freedoms and rights without unnecessary delay. This letter of notification is valuable evidence. If you notice the issue first, you can contact them to request information.
- Make a complaint to the ICO – The response from the organisation may be unsatisfactory. In which case you can elevate your complaint to the ICO. You should not wait longer than 3 months since the last significant contact with the organisation to do so. Beyond this period, the ICO may decline to investigate.
- Collect evidence – Gather together as much proof as you can that shows financial harm and psychological injury. This includes all bills and paperwork as well as GP notes or counsellor’s reports.
- Seek legal help – Please be aware that the ICO does not pay damages, so you may wish to consider instructing a solicitor at this point.
The solicitors on our panel have decades of experience helping claimants gather evidence and supporting them throughout the claims process. If this sounds interesting, call for more information using the contact options above.
See If You Can Make A No Win No Fee Data Breach Claim
You may have been thinking about launching a claim already. After reading our address data breach compensation case study, you might be interested in working with a solicitor. If you have cost concerns, we offer a potential solution.
At Data Breach Claims, we can connect eligible readers to a solicitor from our panel. They offer their services through a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). This typically means you can access solicitors’ services without paying anything upfront. Also, ongoing fees for services do not apply. Furthermore, a claim that fails requires no fee for completed services.
Claims with a positive outcome need a small success fee to be paid to your solicitor. This percentage is legally capped and designed to ensure you receive the bulk of your compensation. If you think an arrangement like this could help you, the first step is accessing your free case check. Simply:
- Call our dedicated team 24 hours a day, 7 days a week on 020 8050 3051 to discuss your data breach claim.
- Contact us via our website.
- Or try the dialogue box below for instant help.
More Information About Making Data Breach Claims
In addition to this address data breach compensation case study, you might find these other guides from our website useful:
- More details on a claim after social services sent data to an ex-partner are in this guide.
- Some examples of data breaches and the eligible basis for claiming.
- Read about an email data breach in this guide.
Also, these links might help:
- How to get help for domestic abuse from GOV.UK
- Useful guidance for families and individuals from the National Cyber Security Centre.
- Advice about getting copies of your data from the ICO.
Thanks for reading our guide. For any questions about our address data breach compensation case study, please reach out through our contact options above.
