Can You Claim If Solicitors Have Sent Personal Information To The Wrong Address?

If your solicitors sent personal information to the wrong address, and this caused you harm, you may have grounds to start a data breach claim. In this article, we review the eligibility criteria that must be met if you would like to claim compensation for a data breach and the types of evidence that might be used to strengthen your claim.

Additionally, we explain the laws that relate to data protection in the UK and review how a solicitor could send your documents to the wrong person, as well as how this could affect you.

Next, we’ll explain what data breach compensation you could receive if your claim succeeds. Finally, you’ll read about some of the helpful services a No Win No Fee solicitor could potentially provide if you have a valid claim.

Please continue reading for more information about claiming for a solicitor data breach. Alternatively, you can speak to one of our advisors for free legal advice about your options. To contact them, you can:

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Solicitors sent personal information to the wrong address claims guide

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Can You Claim If Solicitors Have Sent Personal Information To The Wrong Address?

Data controllers and data processors who handle your personal data should protect it in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Personal data is any information that could be used to identify you.

Law firms are often classed as data controllers. That means that they design the means and purpose for processing personal data. They may process the data in-house, in which case they’d play both roles, or they could use an external data processor. Both data processors and controllers have a legal obligation to uphold the rules of the DPA and the UK GDPR to try and prevent personal data breaches.

The Information Commissioner’s Office (ICO) defines a personal data breach as a security incident that affects the integrity, confidentiality or availability of personal data. The ICO is the UK’s data watchdog and has provided more information about what a personal data breach is.

If your solicitors sent personal information to the wrong address, you might be able to make a data breach claim if:

  • The data controller or processor did not adhere to the DPA or the UK GDPR
  • Because of that failure, your personal data was compromised by a data breach
  • Due to that breach, you have been harmed emotionally, financially or both

Why not call us to find out if you have a valid case after your solicitors sent documents to another person and caused you to suffer following a data breach?

Examples Of Wrongful Conduct That Could Lead To A Solicitor Data Breach

Personal data could include your name, email address, postal address, phone number, home address and banking details.

Additionally, extra care should be taken to protect special category data. This is personal data that requires extra protection under data protection laws. For example, information relating to your health, religion, or sexuality can fall under this heading. Solicitors may also handle criminal offence data that is also provided extra safeguards under the DPA.

Below are some scenarios which could mean your solicitors sent personal information to the wrong address:

  • If your solicitor used the wrong postal address and sent letters to an old home despite you advising them of the new address.
  • Where human error led to a postal address data breach after a letter containing details about your legal case was sent to the wrong address altogether.
  • If a letter intended for you was placed inside an envelope with another client’s letter meaning it ended up at their home rather than yours.

Also, here are some scenarios that might mean your solicitors sent documents to another person.

  • Where your solicitor sent an email to the wrong person which contained personal information (or copied them in on your email). This is an example of an email data breach.
  • If your solicitor faxed court information to the wrong number meaning your personal data was exposed to others.

If you believe you have a valid claim following a solicitor’s data breach, please call us today.

What Compensation Could You Receive From A Postal Address Data Breach Claim?

If you make a claim after your solicitors sent personal information to the wrong address and your claim succeeds, you will receive a compensation payout. This could include compensation to cover non-material damage, such as psychological harm linked to the data breach.

Often, those valuing your claim will refer to the Judicial College Guidelines (JCG) to help calculate how much compensation you could receive to cover non-material damage. The JCG contains guideline compensation figures for different types of psychological suffering.

Our compensation table lists some examples of mental harm alongside guideline compensation amounts from the JCG. However, as each claim is unique, these figures should be used for information purposes only.

Compensation Table

ConditionCategoryCompensation GuidanceExtra information
Severe Psychological Damage + Special DamagesSevereUp to £250,000Severe damage to the claimant's mental health, paired with substantial financial losses, including lost earnings and pension contributions.
General Psychiatric DamageSevere£54,830 - £115,730Life, relationships and work will all be affected and there will be future vulnerability - A very poor prognosis.
General Psychiatric DamageModerately Severe£19,070 - £54,830The claimant will have suffered in similar ways to above but there will be a more optimistic prognosis.
General Psychiatric DamageModerate£5,860 - £19,070There will have been a good level of recovery all ready - A good prognosis.
Post-Traumatic Stress Disorder (PTSD)Severe£59,860 - £100,670Where the injured party has been diagnosed with PTSD that has taken over their life. They won't be able function at pre-trauma levels or return to work.
General Psychiatric DamageLess Severe£1,540 - £5,860Considers the time the claimant has suffered and how sleep has been affected for example.
Post-Traumatic Stress Disorder (PTSD)Moderately Severe£23,150 - £59,860With professional support, the claimant will have a better prognosis but suffer in similar ways to above initially.
Post-Traumatic Stress Disorder (PTSD)Moderate£8,180 - £23,150A fairly good recovery will be achieved and any symptoms that continue will not be seriously disabling.
Post-Traumatic Stress Disorder (PTSD)Less Severe£3,950 - £8,180Where an almost complete recovery happens in 1 to 2 years.

How To Claim For Material Losses

Additionally, you could receive compensation for material damage. This covers any financial losses caused directly by the data breach. For example, this could include:

  • Lost earnings if you needed time off work to recover from your psychological injuries.
  • Money stolen from your bank account.
  • Damage done to your credit score.

Evidence of these types of losses will be needed to support your claim. Therefore,  you should retain pay slips and bank statements if necessary.

Please contact us using the number above if you’d like further information on how data breach compensation is calculated.

What Evidence Could Help You Make A Solicitor Data Breach Claim?

To help prove your case meets the eligibility criteria for data breach claims, you will need to provide as much evidence as possible. Its purpose is to demonstrate how the breach occurred, how it happened and how you’ve been affected as a result.

The types of evidence that could help with a data breach claim if your solicitors sent documents to another person include:

  • A letter or email from the data controller confirming the breach occurred and what data was involved. This should be sent without undue delay if your freedoms or rights are at risk because of the breach.
  • An investigation or report from the ICO if they decide to look into the incident.
  • Financial records to demonstrate the extent of any costs, losses or expenses linked to the solicitor’s data breach.
  • Medical records to confirm any psychological harm suffered following the data breach.

If you have a valid personal data breach claim because your solicitor sent personal information to the wrong address, please speak to a member of our team. After reviewing your claim for free, they could connect you to one of the special data breach solicitors on our panel.  To check if they could help to manage your claim, please contact us today.

Use No Win No Fee Data Breach Solicitors To Claim Compensation

Cases handled by the data breach solicitors on our panel and funded by a Conditional Fee Agreement (CFA). The CFA allows them to work on a No Win No Fee basis and means that:

  • You won’t be asked to pay for any of your solicitor’s services upfront or as the claim progresses.
  • Also, you won’t pay for your solicitor’s work if the claim is lost.
  • A deduction will be made to any compensation you receive to cover your solicitor’s efforts. This is their success fee.

Legally, the success fee is capped when a CFA is used. Therefore, you’ll still receive the majority of any compensation payout.

We can check if you might be able to work with a solicitor from our panel so please contact us today. To do so, you can:

Learn More About Claiming If Solicitors Sent Personal Information To The Wrong Address

Here are a few more of our useful guides:

Finally, we’ve linked to some external guides too:

If your solicitors sent information to the wrong address or your solicitors sent documents to another person, please feel free to contact our team today.

Writer Brett

Publisher Cat Harley