What Constitutes A Breach Of Data Protection?

The aim of this guide is to provide you with an idea of what constitutes a breach of data protection. There are certain pieces of legislation that set out the ways in which your personal data needs to be handled, stored, and processed. If there is a breach of these laws, this would be a breach of data protection. We provide examples of how this could occur and lead to your personal data becoming compromised later in our guide.

what constitutes a breach of data protection

What Constitutes A Breach Of Data Protection?

In some instances, you may be eligible to claim following a data protection breach, if it has affected your personal data. However, certain other criteria need to be met in order to do so. As you move through our guide, we will explore when you could have valid grounds to seek data breach compensation.

Additionally, this guide explores what personal data is, the definition of a personal data breach, and how it could affect you.

Furthermore, we discuss the compensation that could potentially be awarded to address the impact of a data breach.

Finally, we explore the benefits involved in working with a data breach solicitor offering their services in a No Win No Fee capacity.

For more information, you can get in touch with an advisor as they can offer further guidance and answer any questions you might have regarding your potential case. To reach them, you can:

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  1. What Constitutes A Breach Of Data Protection?
  2. Examples Of A Data Protection Breach
  3. How Much Compensation Could I Receive For A Data Breach?
  4. How Can No Win No Fee Data Breach Solicitors Help You?
  5. Learn More About What A Breach Of UK GDPR Is

What Constitutes A Breach Of Data Protection?

When discussing what constitutes a breach of data protection, it’s important to look at the legislation that protects the personal data of UK residents. These are the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

These laws outline the responsibilities of data controllers and processors when handling, processing, and storing personal data. Data controllers set the purpose and means for processing, whilst data processors act on their behalf. A failure on the part of either of these parties to adhere to these laws could mean there has been a data protection breach.

In some cases, this could lead to your personal data being compromised. Personal data is any information that can be used to identify you, such as your name, phone number, email address, postal address, or credit card and debit card details. There is also another type of personal data known as special category data which is more sensitive and requires extra protection. This can include information concerning your health.

A breach of personal data is a breach of security where your personal data has been altered, destroyed, or lost either by accident or unlawfully. It can also involve your personal data being accessed or disclosed without authorisation.

In some instances, you could be eligible to make a personal data breach claim. However, you need to prove:

  • A controller or processor did not adhere to data protection laws.
  • Due to their wrongful conduct, your personal data was compromised in a breach.
  • You experienced financial damage, mental suffering, or both, as a result.

Additionally, you need to ensure you start your claim within the relevant time limit for data breach claims. Generally, this is 6 years.

For more information on when you could be eligible to seek compensation, please contact an advisor on the number above.

Examples Of A Data Protection Breach

There are several ways a data protection breach could lead to your personal data becoming compromised. For example:

  • As a result of human error, a letter containing your new debit card, including the pin, is sent to the wrong postal address despite the correct details being on file. This leads to you suffering financial loss.
  • Due to files containing sensitive information, such as information concerning your health, not being stored correctly, unauthorised access is gained. As a result, your medical information is compromised in a breach causing you stress and anxiety.

It’s important to be aware that not all data protection breaches will lead to your personal data becoming compromised. As such, it may not always be possible to claim. To discuss your specific case, or what constitutes a breach of data protection, please call an advisor on the number above.

How Much Compensation Could I Receive For A Data Breach?

Following a successful data breach claim, compensation can be awarded for the following:

  • Non-material damage: This refers to the psychological harm the personal data breach has caused you, such as stress, anxiety, and emotional distress.
  • Material damage: This refers to monetary losses suffered due to the personal data breach, such as money stolen from your bank account. Financial documentation can help prove any losses, such as bank statements and credit reports.

In order to value your psychological harm, solicitors can refer to both medical evidence and the Judicial College Guidelines. This is a document containing guideline award brackets, some of which have been included in the following table.

Please only use these figures as a guide rather than a exact representation of what you will receive. This is because each payout can differ depending on your specific case.

HarmSeverityGuideline AmountsOther Notes
General Psychiatric Harm(a) Severe£54,830 to £115,730A very poor prognosis as well as marked problems affecting the several areas of the injured person's life.
(b) Moderately Severe£19,070 to £54,830A better prognosis but there are still problems of a significant nature affecting several areas of the person's life.
(c) Moderate£5,860 to £19,070There is a significant improvement and a good prognosis.
(d) Less Severe£1,540 to £5,860How the person is affected and how long for, is considered when valuing settlements.
Post-Traumatic Stress Disorder (PTSD)(a) Severe£59,860 to £100,670Due to permanent issues affecting all areas of the person's life, they will be unable to function at the same level as before the trauma.
(b) Moderately Severe£23,150 to £59,860A better prognosis is achieved after professional help aids in recovery. However, a significant disability is still likely for the foreseeable future.
(c) Moderate£8,180 to £23,150A significant recovery and if there are any ongoing issues, these won't be grossly disabling.
(d) Less Severe£3,950 to £8,180There has been mostly a full recovery within a couple of years, and only issues of a minor nature will continue over a longer period.

For more information on the compensation for a data breach that could be awarded after a successful claim, please call an advisor on the number above.

How Can No Win No Fee Data Breach Solicitors Help You?

Our panel of data breach solicitors offer their services, such as help gathering evidence and valuing claims, in a No Win No Fee capacity. As such, they can offer you a Conditional Fee Agreement (CFA) which typically means:

  • Your solicitor won’t require you to pay any costs, upfront or as the case proceeds, for their services.
  • There is nothing to pay for the work completed on your case by a solicitor following an unsuccessful claim outcome.

If the case succeeds, a percentage will be taken from your compensation. This is subject to a legal cap, however. Also, there will be an opportunity for you to talk about the fee with your solicitor before they start any work on your case.

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If you require any further guidance on what constitutes a breach of data protection, and when you could be eligible to make a personal data breach claim, please speak with our team. They can also assess whether a solicitor from our panel could represent your case, and connect you if you have valid grounds to claim.

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Learn More About What A Breach Of UK GDPR Is

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Thank you for reading our helpful guide exploring what constitutes a breach of data protection. If you have any other questions, please get in touch with a member of our team using the contact details above.

Writer Jeff Walker

Editor Meg Monsoon