This article will explain the possible steps you could take should a probation services data breach occur. In certain circumstances, you might be able to begin a claim for a breach of personal data. However, certain eligibility requirements need to be satisfied for there to be valid grounds to proceed. We explore these later in our guide as well as looking at the potential evidence you could gather in support of your case.
In the sections below, we look at the laws in place to protect your personal data and the third parties that have a legal obligation with regards to the handling, storing and processing of your personal data. We also give examples of how a personal data breach could arise.
Furthermore, we discuss the compensation that could be awarded to address any harm or loss that has been caused by the breach of personal data. You can also understand how data breach compensation payouts are calculated.
Lastly, you may want to work with a solicitor if you have an eligible case to ensure it runs smoothly. We discuss the benefits of instructing a solicitor under a specific type of No Win No Fee agreement.
For further guidance on data breach compensation claims, please contact an advisor. To do so, you can:
- Call on 020 8050 3051
- Complete our ‘Contact Us‘ form to begin your enquiry online
- Chat with us by using our live function below
Choose A Section
- Probation Services Data Breach Compensation Claims Guide
- How Could A Probation Services Data Breach Happen?
- Evidence That Could Help You Claim For A Criminal Record Data Breach
- Data Breach Compensation Calculator – How Much Could You Receive?
- Could I Make A No Win No Fee Probation Services Data Breach Claim?
- Learn More About How To Claim Data Breach Compensation
Probation Services Data Breach Compensation Claims Guide
The UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA) place a responsibility on data controllers and data processors to protect your personal data. Controllers set the means and purpose for processing your data. They can also process the data themselves or outsource this task to a data processor who can do so on their behalf. Failure by either parties to comply with this legal obligation could result in a personal data breach.
Personal data breaches can be defined as a type of security incident that impacts personal data’s integrity, confidentiality and availability. The Information Commissioner’s Office (ICO), an independent body upholding information rights and freedoms in the UK, provides this definition.
Personal data is information that can identify someone when used alone or with other information. This could include your name, national insurance number or email address. Some personal data, such as data revealing racial or ethnic origin, or data concerning a person’s health, can be classed as special category data. This is because it’s sensitive and requires greater protection.
Another type of personal data, known as criminal offence data, also requires extra protection. This refers to the personal data of offenders or suspected offenders in the context of criminal activity, allegations, investigations, and proceedings. It also covers a range of related security measures, such as conditions or restrictions placed on an individual as part of the criminal justice process.
To proceed with a personal data breach claim, certain eligibility criteria need to be satisfied showing:
- A data controller or processor did not uphold their responsibilities to adhere to the DPA and UK GDPR.
- Due to this failure, your personal data was compromised in a breach.
- You suffered financial loss, psychological harm, or both, due to the breach of your personal data.
To find out what steps you could potentially take should a probation services data breach occur, affect your personal data, and cause you to experience a loss, call our team on the number above.
How Could A Probation Services Data Breach Happen?
There are several ways a breach of personal data, including special category and criminal offence data, could occur. For example:
- An employee could lose a laptop containing sensitive data after taking it home. This could result in unauthorised access to data concerning your criminal record. As a result, you could experience stress and anxiety due to a human error data breach.
- Poor cyber security systems could mean your personal data is stolen in a ransomware attack. Due to the sensitive nature of the data stolen, you may need to take time off work to deal with the psychological impact of the breach, causing you to lose income.
To discuss your specific case and find out whether you have valid grounds to pursue a claim for data breach compensation, call an advisor on the number above.
Evidence That Could Help You Claim For A Criminal Record Data Breach
Evidence can be useful to your case as it can help prove that a breach occurred and show how it affected you.
With this in mind, the following could be useful:
- Correspondence about the breach, such as a letter informing you of it and which of your personal data was affected.
- Payslips and bank or credit card statements showing monetary loss caused by the personal data breach.
- Medical records that evidence the psychological harm experienced because of the personal data breach.
There are other steps you could potentially take following a breach of your personal data. For example, you could contact the organisation directly, or if they don’t reply or give an adequate response, you could make a complaint to the ICO. The ICO could investigate your complaint and may take any necessary enforcement action.
For further guidance on the potential steps you could take should a probation services data breach occur, please call an advisor on the number above.
Data Breach Compensation Calculator – How Much Could You Receive?
If your personal data breach claim succeeds, you could be awarded a settlement comprising compensation for non-material damage and material damage.
Material damage refers to the financial loss caused by the personal data breach, such as lost income incurred due to the psychological impact of the breach. Evidence, such as payslips, can help prove these losses.
Non-material damage is the psychological suffering, such as anxiety, distress, or post-traumatic stress disorder, caused by the personal data breach. To help calculate the value of this aspect of your settlement, legal professionals could use medical evidence and a document called the Judicial College Guidelines (JCG). This document lists out a set of guideline compensation brackets for various types of mental harm.
Compensation Table
You can find a selection of the JCG figures in the table below. However, as each case is valued on an individual basis, these figures are not a guarantee.
Type of Harm Degree of Severity Guideline Award Brackets Notes
General Psychiatric Damage Severe £54,830 to £115,730 Marked problems touching upon several areas of life with a poor prognosis indicated.
Moderately Severe £19,070 to £54,830 Significant problems that affect several areas of life but with a much more optimistic prognosis.
Moderate £5,860 to £19,070 Similar problems to the brackets above but with marked improvement and a good prognosis.
Less Severe £1,540 to £5,860 Award is dependent on how long the person was affected and to what extent.
Post-Traumatic Stress Disorder (PTSD) Severe £59,860 to £100,670 Permanent effects that create issues in all parts of the person's life, where they will be badly affected.
Moderately Severe £23,150 to £59,860 A better prognosis indicated after some professional help. However, still significant disability for foreseeable future.
Moderate £8,180 to £23,150 A general recovery indicated with any ongoing issues not being disabling to a gross extent.
Less Severe £3,950 to £8,180 Virtually a complete recovery indicated within a 2 year timescale and only minor issues persisting beyond this date.
Find out more about how data breach settlements are calculated by calling an advisor on the number above.
Could I Make A No Win No Fee Probation Services Data Breach Claim?
If you have an eligible case and want expert advice from a solicitor, consider instructing a data breach solicitor from our panel under the terms of a particular kind of No Win No Fee contract. Whilst there are different types, the one they can offer is called a Conditional Fee Agreement (CFA).
Under a CFA, there is no requirement for upfront fees, nor any during the course of the claims process, for your solicitor’s service. Also, in the event that a case fails you won’t need to pay any fees for the service your solicitor has provided.
If your case succeeds, you will receive compensation from which your solicitor will take a legally capped percentage. This is a success fee and is only small, ensuring most of your settlement is yours to keep.
If you have an eligible data breach claim, you could be connected with a solicitor from our panel who could begin working on your case.
Contact Us
We hope this guide on the potential steps that could be taken should a probation services data breach occur has helped. However, if you have any other questions, please contact an advisor. To do so, you can:
- Call on 020 8050 3051
- Contact us online.
- Speak with an advisor via the live chat function.
Learn More About How To Claim Data Breach Compensation
We have included more guides about data breach claims below:
- Learn how to report a data breach if your personal data is compromised.
- A guide that informs what to do if your personal data is breached and when you can claim.
- Discover whether you could make a claim following an email data breach.
Furthermore, these external resources may also provide help:
- A guide about statutory sick pay provided by GOV.UK.
- Information regarding online fraud from Victim Support.
- Advice about how to deal with anxiety, fear and panic supplied by the NHS.
Thank you for reading this guide about the possible action that could be taken if a probation services data breach were to occur. If you require any further information, call an advisor on the number above.
Writer Will Gonk
Editor Meg Monsoon