In this guide, we look at when you could be eligible to claim for a personal trainer data breach. There may be some instances where you could claim compensation if the breach caused you financial loss and/or psychological harm. However, there are a set of criteria that need to be met in order for you to have valid grounds to proceed with your case. We start our guide by exploring these in more detail, as well as looking at what steps you could take following a breach of your personal data.
The personal data of data subjects in the UK is protected by legislation called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). They outline the responsibilities and obligations of data controllers and data processors with regard to handling, storing, and processing data.
Data controllers set the means and purpose for processing and can process the data themselves. Alternatively, they can outsource the task of processing to a data processor who acts on the controllers instruction. If either of these parties failed to adhere to data protection laws, it’s known as wrongful conduct. We provide examples of how wrongful conduct could occur leading to a breach of your personal data.
Furthermore, we look at how compensation for a data breach is calculated and how payouts aim to address the impacts you have experienced.
Finally, we discuss the benefits of working with a No Win No Fee solicitor from our panel and the terms under which they can offer their services.
If you have any questions about data breach claims, please contact an advisor for free using the details below:
- When Can You Claim For A Personal Trainer Data Breach?
- How To Claim For A Personal Trainer Data Breach
- How Could A Personal Trainer Data Breach Happen?
- Potential Compensation From A Personal Data Breach Claim
- Claims For Data Breaches With No Win No Fee Solicitors
- More Resources About Claiming Data Breach Compensation
When Can You Claim For A Personal Trainer Data Breach?
As mentioned, data controllers and processors need to adhere to data protection law such as the DPA and UK GDPR. Failure to do so is wrongful conduct which could result in a personal data breach. The Information Commissioner’s Office (ICO) defines this as a security incident in which your personal data’s availability, integrity, and confidentiality is affected.
Personal data is any information that can be used alone or alongside other details to identify you. This could include your name, email address, postal address, phone number, and credit or debit card details. Additionally, special category data is more sensitive data that requires extra protection. This can include date concerning your health, such as information about a medical condition.
Personal trainers could hold different types of personal data. However, in order to claim for a personal trainer data breach, you need to prove the following:
- There was a failure by the controller or processor to adhere to the DPA and UK GDPR.
- This wrongful conduct caused a breach in which your personal data was affected.
- Due to the breach, you were impacted financially and/or mentally.
For further guidance on claims for data breaches and when you could be eligible to seek compensation, call an advisor using the number above.
How To Claim For A Personal Trainer Data Breach
There are several steps you could take to claim for a personal trainer data breach. For example:
- Collect evidence of the breach. This could include correspondence between you and the organisation regarding the breach. For example, data controllers must notify data subjects of a breach that affects their rights and freedoms without undue delay. As such, you may have received a letter of notification or an email informing you that your personal data has been compromised. This can be used as evidence to substantiate your case.
- Gather evidence of the mental impact the breach has had. For example, you could request copies of your medical records or reports from a psychiatrist to show the psychological impact you have suffered.
- Keep a record of any financial losses. For example, you could provide bank statements, credit reports, and wage slips to show any monetary damage caused by the breach.
Additionally, if you have contacted the organisation and they haven’t given you a meaningful response, you could contact the ICO. They may investigate your concerns and any findings of this investigation could help to support your claim.
An expert data breach solicitor from our panel could assist you with building your case. They have experience handling claims for data breaches and could guide you through the process of seeking compensation. Call our team to find out more about how a solicitor could help you.
How Could A Personal Trainer Data Breach Happen?
Below, you can find examples of how a personal trainer data breach could occur.
- A personal trainer could email sensitive data regarding your medical condition to the wrong recipient in an email data breach. This could cause you anxiety and emotional distress.
- Confirmation of your payment details might be sent to you as well as other clients in human error. As a result, you may have money stolen from your account.
- The personal trainer could lose a laptop containing your personal data that isn’t password protected or encrypted. The stress could mean you need to take time off work leading to lost income.
As you can see, there are different ways a personal data breach could occur and several ways you could be impacted. If you are eligible, you could receive compensation that addresses the mental and/or psychological harm you have suffered.
Find out more about how to claim compensation for a data breach by calling our team.
Potential Compensation From A Personal Data Breach Claim
A successful claim for a personal trainer data breach can see a settlement comprising compensation for different types of damage being awarded.
Firstly, compensation could be awarded for non-material damage which refers to psychological harm suffered due to the breach. This could include anxiety, stress, distress, or post-traumatic stress disorder in more severe cases.
To value non-material damage, reference can be made to any medical evidence as well as the guideline compensation brackets set out in the Judicial College Guidelines.
Compensation Table
The table below contains guideline figures from the JCG, with the exception of the first entry. Please use the table as a guide only as settlements will differ depending on the unique circumstances of your particular data breach claim.
| Type of Harm | Severity Level | Guideline Compensation Brackets | Further Notes |
|---|---|---|---|
| Severe Psychological Impact With Substantial Monetary Losses | Severe | Up to £150,000 plus | Compensation can be awarded to address the severe psychiatric impacts as well as any monetary losses of a significant nature incurred as a result. This could include lost income. |
| Psychological Damage | (a) Severe | £54,830 to £115,730 | The person experiences a marked impact on several areas of their life and has a very poor prognosis. |
| (b) Moderately Severe | £19,070 to £54,830 | There are significant problems affecting different areas of the person's life with a more optimistic prognosis. | |
| (c) Moderate | £5,860 to £19,070 | A good prognosis and a marked improvement is made despite some problems with different areas of life, such as the ability to cope with work, life or education. | |
| (d) Less Severe | £1,540 to £5,860 | The length of time the person was affected and to what extent their daily activities and sleep were impacted will be considered when determining the award. | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £59,860 to £100,670 | All aspects of the person's life will be badly impacted and permanent issues will prevent the person from working or functioning at a pre-trauma level. |
| (b) Moderately Severe | £23,150 to £59,860 | A better prognosis and some recovery is indicated after the person has had professional help. However, a significant disability may remain for the foreseeable future. | |
| (c) Moderate | £8,180 to £23,150 | The person will have made a significant recovery and if there are any ongoing issues, they won't cause a major disability. | |
| (d) Less Severe | £3,950 to £8,180 | A mostly full recovery is made within a 24 month period. Also, only minor issues to persist beyond this period. |
Material Losses After Suffering A Data Breach From A Personal Trainer
You could also receive compensation for material damage. This refers to the monetary losses incurred due to the breach of personal data. For example:
- A negative credit score impact.
- Fraudulent debit and credit card purchases.
- Money stolen from your account.
- Loss of earnings incurred due to time taken off work to recover from the breach.
You can call our team to learn more about how data breach claims are calculated. They could also provide a free valuation of your case to help you understand how much compensation you could be owed.
Claims For Data Breaches With No Win No Fee Solicitors
You don’t need a solicitor to start a data breach compensation claim. However, you might find it beneficial to instruct an experienced solicitor from our panel to represent your case. They offer helpful services such as assistance gathering evidence and ensuring your claim is brought forward within the relevant time frame.
Additionally, they have experience handling claims for data breaches and can offer their services under No Win No Fee terms. In particular, they can provide a Conditional Fee Agreement (CFA) which typically means:
- You won’t have to pay any upfront fees for your solicitor’s services.
- There will be no fees for your solicitor’s services as your claim goes ahead.
- No fees are required for the completed work should the claim be unsuccessful.
If your claim succeeds, your solicitor will take a success fee from your compensation. This is taken as a percentage which has a legal cap applied to it. The cap ensures you receive the majority of your settlement.
If you’re interested in having an expert No Win No Fee solicitor from our panel represent your claim, contact our advisors. They can provide a free case check and may connect you with a solicitor if you have eligible grounds to proceed with your case.
To get in touch, you can:
- Call 020 8050 3051
- Contact us online
- Start a conversation via our live chat feature.
More Resources About Claiming Data Breach Compensation
You can find more of our helpful guides related to data breach claims below:
- Read about claiming for a customer data breach and the steps you could take to seek compensation.
- Learn how to claim for a data breach on social media and how compensation is calculated.
- Information on claiming for a medical records data breach and the impact it could have.
We have also provided some other helpful resources:
- Read how to make a complaint to the ICO.
- Guidance on data protection from GOV.UK.
- Information on cyber security for small and medium organisations from National Cyber Security Centre.
Thank you for reading our helpful guide on making a claim for a personal trainer data breach. If you have any other questions, please contact an advisor on the number above.