Human Error Data Breach Claim – Could I Make One?

Are you interested in making a human error data breach claim but don’t know where to start? In this guide, we’ll cover everything you need to know about making a claim for data breach compensation.

First, we’ll talk about what a data breach is, and explain some important data protection terminology. Then, we’ll talk about the steps that companies can take to prevent human error data breaches from occurring.

Following this, we’ll talk about how you can tell if your personal data has been involved in a breach and the different compensation you could potentially receive from a successful claim.

Finally, we’ll talk about how you could make a claim with a No Win No Fee solicitor. We’ll discuss the benefits of working with a specialist solicitor and talk about how one of our panel’s specialists could help.

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If you’d like to learn more, or if you’re ready to start your data breach compensation claim, our team of advisors are here to help. Contact us today by:

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Browse Our Guide

  1. What Is A Human Error Data Breach Claim?
  2. How Can A Data Breach Be Caused By Human Error?
  3. How Can Human Error Data Breaches Be Avoided?
  4. What Do I Need To Do To Prove A Human Error Data Breach Claim? 
  5. How Do I Know If My Information Has Been Involved In A Personal Data Breach?
  6. How Much Compensation Can You Get For A Successful Claim?
  7. Can I Make A No Win No Fee Data Breach Compensation Claim?
  8. More Resources About Data Breach Claims

What Is A Human Error Data Breach Claim? 

Before we explain what human error means, let’s define what a personal data breach is. Essentially, a data breach occurs when a security incident compromises your personal data.

The definition provided by the Information Commissioner’s Office (ICO), which is the UK’s data protection watchdog, can be helpful. The ICO also defines personal data as information that relates to an individual. Under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR), the personal data of UK residents is protected.

Human error means that, instead of a cyber attack, the breach was caused by an employee’s error. This is also known as wrongful conduct. We’ll talk a little more about how this can happen in the next section. However, an error isn’t enough to make a claim; in order to form the basis of a personal data breach claim, you need to prove that:

  • It affected your personal data.
  • It was caused by wrongful conduct.
  • You were harmed as a result, either financially, mentally or both.

Keep reading to find out how a human error data breach can happen, or contact our team today to find out if you could make a human error data breach claim.

How Can A Data Breach Be Caused By Human Error? 

So, how can human error lead to a data breach? This can happen in many ways, including:

  • Verbal disclosure: This occurs when someone verbally discloses processed personal data to someone else without a lawful basis for doing so. For example, this could be an employee in the HR department discussing personal data from your dismissal records with an unauthorised colleague.
  • Sending information to the wrong address: For example, this could occur if an employee at a GP surgery sent a letter containing information on a patient’s medical records to the wrong address, despite having the correct address on file.
  • Lost devices: If your employer kept your personal data on a laptop that wasn’t password protected, and lost this device on public transport, this could allow unauthorised people access to your information.

These only illustrate a few examples of when you could make a human error data breach claim. If you’d like to start your claim, contact our team today.

A man in a suit holding a digital box that says data breach

How Can Human Error Data Breaches Be Avoided? 

There are a few ways that human error data breaches can be avoided, including:

  • Providing adequate data protection training
  • Having comprehensive data protection policies in place
  • Keeping physical copies of personal data in a locked filing cabinet
  • Making sure that devices containing personal data are password protected
  • Ensuring that customer addresses and other records are up to date

If you’d like to find out if you could make a human error data breach claim, contact our team today.

What Do I Need To Do To Prove A Human Error Data Breach Claim?

When you make any kind of compensation claim, you need to be able to prove your case. To do this, you can collect evidence to illustrate who was at fault, how severely you were impacted, and how your personal data was affected.

To do this, you could use evidence such as:

  • Correspondence with the organisation responsible for the breach, including a letter of notification that has any information about the breach itself
  • Communication with the ICO, including both responses to complaints or the results of an investigation
  • Medical records or psychological reports that show the effect the breach has had on your psychological state
  • Bank statements, wage slips, and other financial records that show how the breach has impacted your finances

These are only a few of the ways that you can prove your claim. If you choose to make your claim with the help of a solicitor, they can help you pursue different avenues of evidence. Contact our team today to find out how a human error data breach claim solicitor from our panel could help you.

How Do I Know If My Information Has Been Involved In A Personal Data Breach?

The best way to find out whether your information has been involved in a data breach is to contact the organisation responsible. They can tell you whether or not they’ve experienced a security incident and advise you on what steps to take next.

You can also stay alert to suspicious activity on any related accounts. For example, this could look like an increase in spam emails or spam telephone calls, or suspicious activity in your bank account.

Additionally, as we previously mentioned, you may receive a letter or email notifying you that your personal data has been involved in a data breach.

If you’ve been harmed by a data breach, contact our team to start your human error data breach claim.

How Much Compensation Can You Get For A Successful Claim?

Data breach compensation can cover two areas of harm: material damage, and non-material damage. First, we’ll talk about non-material damage.

This is the impact that the breach has on your mental health. For example, a data breach can cause mental health conditions such as depression and anxiety. It can also worsen existing conditions; for example, a domestic abuse survivor could have their post-traumatic stress disorder exacerbated if their home address was revealed to their abuser.

When non-material damage compensation is calculated, the Judicial College Guidelines (JCG) can be used to help. Within this document are compensation guideline brackets for various psychological injuries. Professionals can use the guideline brackets provided by the JCG to help them negotiate a settlement.

Below, you can see some examples of these, but please note that they are only guidelines, and the first figure isn’t from the JCG.

Harm TypeLevel Of SeverityFurther DetailsGuideline Compensation Amounts
Severe Psychological Harm + Special DamagesSevereSevere damage to your psychological wellbeing with financial losses, like lost earnings.Up to £250,000+
Psychological Damage(a) SevereSevere problems in coping with all aspects of life, which causes a very poor prognosis.£66,920 to £141,240
(b) Moderately SevereWhile there are still some severe symptoms, they are less severe than those in the bracket above.£23,270 to £66,920
(c) ModerateSymptoms show a significant level of improvement by the time the case is seen at trial.£7,150 to £23,270
(d) Less SevereCompensation in this bracket depends on the severity of symptoms.£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD)(a) SevereThe severe impacts of symptoms mean that the claimant cannot function as they did pre-trauma.£73,050 to £122,850
(b) Moderately SevereThere is a better prognosis in this bracket, as there is some chance of improvement with professional help.£28,250 to £73,050
(c) ModerateA good recovery occurs with no grossly disabling effects remaining.£9,980 to £28,250
(d) Less SevereThe only remaining issues after an almost full recovery are minor.£4,820 to £9,980

Can I Claim For Material Damage After A Data Breach?

Material damage is the effect the breach has had on your finances. For example, if you had to take time off work to recover from the mental effects of the breach, this could result in significant lost earnings.

These could be recouped as part of your material damage compensation, as well as the cost of things like therapy, relocation, and childcare.

Get in touch with our team today to learn more about the compensation you could get from a successful human error data breach claim.

A data protection breach compensation calculator used to help claim data breach compensation

Can I Make A No Win No Fee Data Breach Compensation Claim?

Our panel of solicitors all work under a No Win No Fee agreement. Specifically, they use Conditional Fee Agreements (CFA). This means that you can access all of their services without paying:

  • An upfront fee
  • Fees as the claim goes on
  • Any fees for their work if the claim fails

But what kind of services could a solicitor provide? Our panel of solicitors have years of experience in data breach law and can use this experience to help you:

  • Negotiate a settlement
  • Communicate with the defendant
  • Collect evidence to support and strengthen your claim
  • Arrange an independent psychological evaluation
  • Prepare for court if this becomes necessary

If you make a human error data breach claim that succeeds, then the solicitor working on your case will collect a small portion of your compensation. This is known as a success fee, and the percentage that they can take is limited by law.

Contact Us

Our friendly team of advisors can offer more information on the benefits of working with our panel. They can provide a free consultation, answer your questions, and even connect you with a solicitor from our panel. Get started today by:

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More Resources About Data Breach Claims

For more helpful guides on data breach claims:

Or, to learn more:

Thank you for reading our guide on making a human error data breach claim.