School Data Breach – Can I Claim?

This guide will discuss when you could be eligible to make a school data breach claim. We will explore the eligibility criteria surrounding claims as well as the evidence you could gather to support your case.

school data breach

School data breach claims guide

There is legislation that set out the responsibilities different parties have to protect your personal data. We will explore this in further detail as well as how a personal data breach could occur if this isn’t adhered to.

Additionally, we will explore the compensation you may be owed alongside how your settlement may be valued.

Furthermore, we will explore the steps you can take to strengthen your case and how a No Win No Fee solicitor could help you with this.

You can also speak directly with an advisor from our team if you would like to do so. They are available to offer you a free consultation at a time that suits you best. To get in touch: 

Browse Our Guide

  1. When Are You Eligible To Claim For A School Data Breach?
  2. How Could A School Data Breach Happen?
  3. Potential Data Breach Compensation From A Successful Claim
  4. Evidence That Could Be Used In A Data Breach Claim
  5. Why Use A No Win No Fee Data Breach Solicitor?
  6. Learn More About How To Claim For A School Data Breach

When Are You Eligible To Claim For A School Data Breach?

Data controllers and must adhere to the UK General Data Protection Regulation (UK GDPR) in conjunction with the Data Protection Act 2018 (DPA). These set out their responsibilities to protect your personal data.

A data controller is responsible for how and why your data is used and a data processor could be asked to do this on behalf of the data controller. Moreover, personal data is any information that can be used to identify you. For example, your: 

  • Name 
  • Address 
  • Phone number 
  • Email address 
  • Date of birth

To be entitled to claim not only must your personal data have been breached due to the failings of the data controller or processor, but you must also have suffered mental harm or monetary loss. 

If your personal data has been compromised and you would like to see whether you can claim, please get in touch with our advisors. 

How Could A School Data Breach Happen?

There are a number of ways that a school data breach could occur. For example:

  • Your child’s school might share sensitive information about a medical condition they have with another parent. As a result, they suffer from distress and depression.
  • After paying for your child’s school trip, your bank details are not secured properly. Due to this, they are stolen, and you have money taken from your account.

If you or your child have been involved in a scenario similar to this, you might be owed data breach compensation

Is There A Time Limit To Make A Data Protection Breach Claim?

You might be wondering, “how long do I have to make a data breach compensation claim?”. If you are claiming against a public body, you generally have one year to begin your claim. Alternatively, a claim can be started within 6 years. 

An advisor from our team can cover the time limits surrounding data breach claims in more depth if you get in touch. They can also provide further guidance on eligibility. 

Potential Data Breach Compensation From A Successful Claim

If you make a successful school data breach claim, the compensation you could be owed may be split into two heads of claim. These are known as material damage and non-material damage. The latter refers to mental injuries that are sustained as a result of the breach. For example, you may suffer from distress, anxiety, depression or post-traumatic stress disorder (PTSD). 

How Is Compensation For Non-Material Damage Calculated?

We have included a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG). This is a document that is used by legal professionals when valuing claims.

However, these figures are not guaranteed. Due to all data breach claims being unique, they should only be used as guidance. 

HarmSeverityCompensation Bracket (Guideline)Details
(a) Psychological damage (generally) Severe£54,830 to £115,730There are issues coping with everyday life. For instance, education or work with a very poor prognosis.
(b) Psychological damage (generally) Moderately Severe£19,070 to £54,830The same issues as the bracket above will remain, but a more optimistic prognosis will be achieved.
(c) Psychological damage (generally) Moderate£5,860 to £19,070Issues dealing with everyday life persist, but there will be considerable improvements and a good prognosis.
(d) Psychological damage (generally) Less Severe£1,540 to £5,860This bracket is determined by the length of the disability sustained and the impact it has on the injured person's life.
(a) Anxiety disorderSevere £59,860 to £100,670Every aspect of the injured person's life will be considerably affected.
(b) Anxiety disorderModerately Severe£23,150 to £59,860A better prognosis will be achieved with the help of a medical professional.
(c) Anxiety disorderModerate£8,180 to £23,150A large recovery is made with ongoing effects that aren't majorly disabling.
(d) Anxiety disorderLess Severe£3,950 to £8,180The person will have made a near full recovery between 1-2 years with only minor issues persisting over a longer period.

Material Damage In A Data Breach Compensation Claim

Material damage refers to any financial losses incurred due to the data breach. This could come in the form of money stolen from your bank account or loans taken out in your name due to your credit card being stolen.

If you want a personalised look at how much compensation you could be awarded, please speak with an advisor from our team. 

Evidence That Could Be Used In A Data Breach Claim

If you suspect a school data breach has occurred, you can contact the organisation to find out what types of personal data was compromised. If they do not respond, you could complain to the Information Commissioner’s Office (ICO) and ask them to investigate the breach. The ICO are the UK’s independent watchdog that ensures that data protection laws are adhered to. The findings from their assessment can be used to support your claim.

Acquiring evidence to support your claim is important and can be done in the following ways: 

  • Keeping a record of correspondence between yourself and the data processor or controller about the breach. This may include how it happened or what data was compromised. 
  • Having any mental injuries checked by a professional and keeping their notes. For instance, a doctor or psychologist. 
  • Proving that you were subject to financial harm via receipts, invoices, credit score ratings or bank statements. 

You could also seek legal advice. If you have a valid data breach claim, an advisor from our team could connect you with a solicitor from our panel who can help you gather evidence. Get in touch using the number above.

Why Use A No Win No Fee Data Breach Solicitor?

A No Win No Fee solicitor from our panel can assist you in a variety of ways. For example: 

  • Helping you present and build your case
  • Valuing your claim
  • Giving you a realistic timescale regarding your case
  • Helping you to collect evidence

They could also offer you a Conditional Fee Agreement (CFA) which means that you are generally not required to pay for your solicitor’s services upfront or while your claim is ongoing. Furthermore, you are generally not required to pay for your solicitor’s services if your claim is unsuccessful. 

However, in the event of a successful claim, you will have to pay. In this case, a success fee will be deducted from your compensation and paid to your solicitor. This is legally capped, which guarantees that you receive the majority of your compensation. 

If you would like to see whether you are eligible to be represented on a No Win No Fee basis, please get in touch with an advisor from our team. If you are, they could connect you with one of the data breach solicitors from our panel. To get in touch: 

Learn More About How To Claim For A School Data Breach

Here we have included some of our own guides related to data breach claims that you might find useful: 

Additionally, we have included further material that could be of benefit to you: 

Thank you for reading this guide on how to claim if you have been subject to a school data breach. If you have any other questions, please get in touch using the details provided above.

Writer Beck Perk

Editor Meg Monsoon