Has your personal data been breached after it was sent to your neighbour? If so, and you suffered financial loss and/or emotional harm as a result, you might be wondering ‘Can I claim if my personal data was sent to a neighbour?’. Throughout this guide, we look at the eligibility criteria that must be met to start a personal data breach claim.
In addition, we look at the obligations certain parties have to protect your personal data, and how a failure to adhere to these responsibilities can lead to a breach of your personal data.
Furthermore, we detail the types of evidence that you can use to support a claim and how data breach compensation payouts are calculated to address the impacts of having your personal information compromised.
To conclude, we outline the advantages of working with a No Win No Fee solicitor from our panel. They have years of expertise handling data breach claims and could be in a position to help you with yours.
For any other information or to have your questions about claims for data breaches answered, get in touch with an advisor by:
- Calling on 020 8050 3051.
- Filling out the ‘Contact Us‘ form online.
- Using the live chat feature below.
Jump To A Section
- Can I Claim If My Personal Data Was Sent To A Neighbour?
- How Could My Personal Details Be Sent To A Neighbour?
- What Evidence Can Help You Claim Compensation If Your Data Has Been Breached?
- How Are Data Breach Compensation Payouts Calculated?
- Can A No Win No Fee Solicitor Help Me Claim If My Personal Data Was Sent To A Neighbour?
- Learn More About Making A Claim For Data Breach Compensation
Can I Claim If My Personal Data Was Sent To A Neighbour?
Data controllers, the party that sets the purpose and means for processing, and data processors, the party who processes data on behalf of controllers, both have an obligation to protect your personal data. This is outlined in the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), two pieces of data protection laws that controllers and processors need to adhere to.
If there was a failure to adhere to data protection laws, it could potentially result in your personal data being compromised in a breach.
A personal data breach can be defined as a security incident involving the impact of the confidentiality, integrity, or availability of your personal data, which is any information that can be used to identify you. The Information Commissioner’s Office (ICO), an independent body set up to uphold information rights and freedoms in the UK, set out this definition.
To be able to claim data breach compensation, you need to prove:
- The controller or processor failed to adhere to the relevant data protection law, such as the DPA and UK GDPR. This is known as wrongful conduct.
- The wrongful conduct led to a breach that compromised your personal data.
- Because of the breach of personal data, you experienced psychological damage, monetary loss, or both.
Call an advisor on the number above for further guidance on the eligibility criteria for data breach claims. They can assess whether you’re eligible to pursue a compensation claim.
How Could My Personal Details Be Sent To A Neighbour?
As mentioned, personal data is any information that can be used to identify you, such as your name, postal address, email address, date of birth, and credit or debit card details.
In addition to this, special category data is personal data that requires extra protection because it is more sensitive in nature. This can include data concerning your health or data revealing your racial or ethnic origin.
Examples of how this information could be sent to a neighbour include:
- Your GP surgery sends a copy of a letter from the doctor containing sensitive information to your neighbour in human error causing you stress and anxiety.
- Due to a mistake by the bank, your new debit card and PIN were delivered to the house next door to you. As a result, money is stolen from your account because of human error.
Not all incidents of personal data being sent to the wrong person will mean you have a valid data breach compensation claim. You need to meet the eligibility criteria mentioned above.
To discuss your specific case and find out ‘Can I claim if my personal data was sent to a neighbour?’, please speak to an advisor by calling the number above.
What Evidence Can Help You Claim Compensation If Your Data Has Been Breached?
If after a data breach you wish to seek compensation, there are actions that you can take to support your claim and prove who was liable for the breach that affected your personal information. For example:
- Collect copies of the correspondence between you and the organisation about the breach. This can include a letter of notification the data controller sent you alerting you of the breach. They must do this without undue delay if the breach has put your rights and freedoms at risk.
- Gather as much evidence of how the personal data breach has affected you psychologically. This can include copies of medical records that show any psychological injury you have suffered because of the data breach.
- Keep hold of any financial documentation that proves you suffered a monetary loss because of the breach. This could include payslips, bank statements, and credit reports.
You could also make a complaint to the ICO if you have contacted the organisation but not had an adequate response. The ICO may choose to investigate your case and the findings of any investigation they carry out can help support your claim. Please note, however, the ICO cannot award compensation.
You can find out more about supporting your claim if you call an advisor today.
How Are Data Breach Compensation Payouts Calculated?
The payout awarded after a successful personal data breach claim could include compensation for non-material damage. This refers to the psychological harm you have suffered. For example, stress, anxiety, depression or post-traumatic stress disorder (PTSD), in more severe cases.
Those responsible for valuing non-material damage may reference the Judicial College Guidelines (JCG) to assist them. The JCG lists a set of valuation brackets that are guidelines for various kinds of mental harm.
Compensation Table
The table below contains figures from the JCG, except for the top entry. However, compensation for a data breach claim differs from case to case. As such, these figures should be treated as guidelines only.
| Type of Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Very serious psychological impact with substantial financial expenses | Very serious | Up to and above £150,000 | A settlement comprising compensation for the very serious mental impacts and the significant monetary losses incurred. This can include loss of earnings. |
| Psychological damage | Severe | £54,830 - £115,730 | A very poor prognosis is indicated and there are marked problems affecting most areas of the person's life. |
| Moderately Severe | £19,070 - £54,830 | There is a better prognosis for cases in this bracket despite significant problems still affecting multiple areas of the person's life. | |
| Moderate | £5,860 - £19,070 | A significant improvement and good prognosis is present for cases in this bracket. | |
| Less Severe | £1,540 - £5,860 | Factors, such as how long the person was affected and to what extent, are considered when determining the award. | |
| Anxiety disorder | Severe | £59,860 - £100,670 | Permanent effects affecting all parts of the person's life in a bad way prevent them from being able to work or function at a pre-trauma level. |
| Moderately Severe | £23,150 - £59,860 | A better prognosis and some recovery is achieved after the person seeks professional help. However, they are likely to still suffer a significant disability for the foreseeable future. | |
| Moderate | £8,180 - £23,150 | A significant recovery with ongoing issues not being majorly disabling. | |
| Less Severe | £3,950 - £8,180 | Almost a total recovery within a 24 month period. Only minimal symptoms persisting beyond this period. |
Claim Data Breach Compensation For Material Damage
You could also receive compensation for material damage. This refers to the financial losses caused by the personal data breach.
For example, you may have needed to take time off work to recover from the mental impact of the breach causing you lost income. Another example is loss of funds from your bank account or fraudulent purchases on your credit card. This could occur if your bank details are exposed.
You should keep hold of payslips and bank statements as evidence of these losses.
Call our team for further guidance on how much compensation for data breach claims could be awarded. They can provide a free valuation of your potential settlement.
Can A No Win No Fee Solicitor Help Me Claim If My Personal Data Was Sent To A Neighbour?
If you’re eligible to claim after your personal data was sent to a neighbour, you might benefit from instructing legal representation to help you. The data breach solicitors on our panel have years of experience handling claims such as this. Additionally, they can offer their services under a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA).
Instructing a solicitor under a CFA means that they can start work on your claim without the need for upfront or continuing fees. Furthermore, no fees are needed for their services if the claim fails.
You will need to pay your solicitor a success fee after a successful claim outcome. However, this is taken as a legally capped percentage. This ensures that you receive the majority of your awarded settlement.
For further guidance on whether you have an eligible data breach claim and how a solicitor could assist you on a No Win No Fee basis, please get in touch via the details below:
- Call on 020 8050 3051.
- Fill out the ‘Contact Us‘ form online.
- Use the live chat feature below.
Learn More About Making A Claim For Data Breach Compensation
For more of our helpful guides:
- Find out if a fax was sent to the wrong person whether you could claim compensation.
- Read about making a claim if stolen or lost paperwork resulted in your personal data being compromised.
- Learn about claiming for a pregnancy data breach and the steps you could take to secure a payout.
Some external resources:
- Helpful data breach guidance from the National Cyber Security Centre.
- Read about the action taken by the ICO on data breaches.
- Information on dealing with anxiety from the NHS.
Thank you for reading this article discussing the question ‘Can I claim if my personal data was sent to a neighbour?’. If you need any further information, please get in touch using the number above.
