Last Updated On 22nd November 2024. This article explores when you could potentially claim compensation for a gym data breach that caused you financial loss and/or emotional harm.
The Data Protection Act 2018 (DPA) and another piece of data protection law called the UK General Data Protection Regulation (UK GDPR), outline the ways that certain parties must protect your personal data. Two main parties have this obligation. Data controllers decide why and how your data will be processed. They can also process the data themselves. Alternatively, they can instruct a data processor to process the data for them. You are the data subject, the person to whom the data relates.
If either the data controller or data processor failed in their obligation to adhere to data protection laws, this is known as wrongful conduct. We provide examples of how wrongful conduct could potentially lead to your personal data being breached and the impact this could have. In addition to this, we look at how compensation could be awarded to address the ways you have been affected by the breach.
In the final sections, you’ll find guidance on how a solicitor offering their services on a No Win No Fee basis could assist you. For example, they may be able to help you gather evidence to support your claim and keep you updated on the progress of your case.
If you have any other questions about data breach claims, please contact an advisor using the contact details below:
- Call on 020 8050 3051
- Contact us via our website.
- Use the support bubble below for instant help.
Jump To A Section
- Are You Eligible To Claim For A Gym Data Breach?
- How To Claim For A Gym Data Breach
- How Could A Data Breach By A Gym Occur?
- What Compensation Could You Receive After Your Personal Data Has Been Breached At A Gym?
- Make A Gym Data Breach Claim On A No Win No Fee Basis
- Learn More About Data Breach Claims
Are You Eligible To Claim For A Gym Data Breach?
As mentioned above, the DPA and UK GDPR outline the responsibilities controllers and processors have with regard to protecting your personal data. Personal data is any information that can be used to identify you, such as your name, email address, and phone number.
If a controller or processor failed to meet their obligations, it could potentially lead to a personal data breach. The Information Commissioner’s Office (ICO), an independent body set to uphold information rights and freedoms in the UK, defines this as a security incident that affects the availability, integrity, and confidentiality of your personal data.
In order to make a personal data breach claim, you need to prove the following:
- There was a failure by the controller or processor to correctly comply with the DPA and UK GDPR.
- Due to their wrongful conduct, your personal data was compromised in a breach.
- As a result of the breach of your personal data, you suffered financially and/or psychologically.
For further guidance on when you could have valid grounds to begin a claim for a gym data breach, please call our team. They can explain more about the eligibility criteria and determine if you are eligible to seek data breach compensation.
How To Claim For A Gym Data Breach
If you’re making a gym data breach claim, you need to think about the evidence that will help your case. Proof shows that a claim is eligible, that another party was at fault, and that you were impacted by the breach. You could consider putting together:
- All your correspondence with the gym company or owner. You should be informed of a breach affecting your personal data without undue delay, so you may have a letter or email notifying you of the incident. You could also submit any contact you’ve had with them if the information shared is relevant to your case.
- Findings from an ICO investigation. You could complain to the ICO if you attempt to get a satisfactory response from the gym but do not get one. They do not have to investigate, but if they do, their findings may support your gym data breach compensation claim.
- Proof of the breach’s impact. For example, you can request a copy of your medical records from your GP or healthcare provider. A psychologist’s report would highlight the extent of psychological damage resulting from the data breach. Also, you could gather proof of the data breach’s effects on your finances.
You could instruct a solicitor to help you get this evidence and put it together to help your compensation claim. Our panel’s solicitors use their experience with data breach cases to present evidence in a way that best supports the client’s chances of success. Call us now or use the live chat option to see whether a solicitor could help you.
How Could A Data Breach By A Gym Occur?
As mentioned, personal data is any information that can be used to identify you. This includes names, email addresses, postal addresses, credit card and debit card details, and other bank details. It can also include data of a more sensitive nature that is afforded a greater level of protection, known as special category data. Examples of special category data include information relating to your health. A gym may be required to process this type of data for health and safety reasons.
Below, we have provided examples of how a gym data breach could occur and the impact it could have.
- Despite having the correct email address on file, admin staff in the gym send an email to confirm your debit card details for payment of your gym membership to the wrong address. As a result of the human error data breach, you experience monetary losses after money is stolen from your account.
- A staff member at the gym verbally discloses information about a medical condition noted down in your file to another gym member. Alternatively, they could have left scanned copies with details of your health and disability for others to see. As a result, you experience a psychiatric injury in the form of anxiety and distress.
- Poor cyber security systems mean the gym experiences a ransomware attack resulting in your personal data, including your credit card information, being stolen. As a result, you are subject to identity theft and loans are taken out in your name and you require time off work to deal with the stress the breach has caused, leading to lost income.
To discuss your specific case and find out whether you’re eligible to claim a breach of personal data, please call an advisor on the number above.
What Compensation Could You Receive After Your Personal Data Has Been Breached At A Gym?
After a successful data breach compensation claim, it’s possible to receive an award for the different types of damage you experienced due to the breach of your personal data. Non-material damage refers to the psychological harm suffered. This includes general stress, anxiety, distress, as well as the exacerbation of pre-existing mental health problems, such as post-traumatic stress disorder (PTSD).
Those tasked with calculating the value of non-material damage can refer to available medical reports and the Judicial College Guidelines (JCG) to assist them. The JCG contains guideline award brackets for psychological harm.
Compensation Table
The table below uses figures from the JCG, except for the first entry. Please only use them as a guide because actual award settlements will vary.
Area of Injury | Severity | Award Guideline | Notes |
---|---|---|---|
Very Serious Psychological Effects With Substantial Monetary Losses | Very Serious | Up to £150,000 and above | A payout addressing very serious psychological effects as well as the resulting significant monetary losses. This can include loss of income. |
Psychological Damage | (a) Severe | £66,920 to £141,240 | The affected person suffers marked problems across different areas of their life, including their ability to cope with life, education, and work. They will have a very poor prognosis. |
(b) Moderately Severe | £23,270 to £66,920 | There are significant problems affecting different areas of the person's life but the prognosis is much better than in severe cases. | |
(c) Moderate | £7,150 to £23,270 | Significant improvements have been made and the prognosis is good. | |
(d) Less Severe | £1,880 to £7,150 | The level of award given will depend on factors such as how long the person was affected and to what extent. | |
Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 to £122,850 | Permanent issues preventing the injured person from working at all, or they at least are unable to function close to a pre-trauma level. All aspects of their life are negatively affected. |
(b) Moderately Severe | £28,250 to £73,050 | Whilst there is a better prognosis after the person shows some recovery due to receiving professional help, the effects are still likely to result in a significant disability for the foreseeable future. | |
(c) Moderate | £9,980 to £28,250 | Continuing effects are not grossly disabling and the person has largely recovered. | |
(d) Less Severe | £4,820 to £9,980 | Virtually a complete recovery seen within a 1-2 year period and only minor issues persist for longer. |
Material Damage
Material damage refers to the financial losses caused by the breach, such as money stolen from your bank account or fraudulent purchases made in your name. Compensation can also be awarded to address these financial losses following a successful gym data breach claim.
However, it’s important to keep bank statements, credit reports, and other documentation to use as evidence of the monetary losses incurred.
For further guidance on the compensation you could receive for a successful data breach claim, please contact an advisor on the number above.
Make A Gym Data Breach Claim On A No Win No Fee Basis
You don’t need a solicitor to begin a data breach claim. However, it can be beneficial to instruct legal representation as the claims process can be complex. The services offered by the expert data breach solicitors on our panel include helping you through each stage of seeking compensation and ensuring your case is presented in full within the relevant time limit.
Additionally, they can offer these services via a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). Typically, under the terms of a CFA, solicitors can start work on your case without requiring an upfront or ongoing fee for their services. Furthermore, no fees are owed to your solicitor for their services in an unsuccessful claim.
However, should the claim have a successful outcome, a percentage of your compensation needs to be paid to your solicitor as a success fee. The percentage they can take has a legal cap ensuring you keep the majority of your settlement.
Why not learn more about how an expert No Win No Fee solicitor from our panel offering their services could help you? Our advisors can assess your case’s eligibility in one phone call and connect you with an experienced data breach solicitor from our panel if you have valid grounds to proceed.
For more information, you can:
- Call on 020 8050 3051
- Contact us via our website.
- Use the support bubble below for instant help.
Learn More About Data Breach Claims
Below, you can find more of our helpful guides on this topic:
- Discover if you could make an email data breach claim and seek compensation for the way you were affected.
- Find out what to do if your data was breached and you suffered financially and/or emotionally as a result.
- Learn if you could claim following a bank data breach that caused you monetary loss and/or psychological harm.
Also, these external pages may be useful:
- Helpful tips for staying safe online from GOV.UK
- Information on how to get your data corrected from the ICO.
- Read the guidance for families and individuals from the National Cyber Security Centre.
We hope this guide on how to claim compensation after a gym data breach has been useful. lf you have any other questions, please contact an advisor on the number above.