A Guide To Domestic Violence Data Breach Claims

When we report any crime to the police, attend a court hearing or seek support from a charity, we expect any information we share to be treated in the utmost confidence. This is especially important for crimes such as domestic violence, where exposure of information can put victims at serious risk. So, we’ve created this guide to domestic violence data breach claims.

Per the guidance from the Information Commissioner’s Office (ICO), a personal data breach is defined in broad terms as a security incident impacting the availability, integrity or security of personal data. The advisory at Data Breach Claims can assist persons impacted by such incidents by assessing the validity of possible claims and connecting those eligible with the right solicitor for them. 

Key Takeaways

• Domestic violence is a serious crime with long-lasting impacts on victims and their loved ones.
• Personal information relating to such crimes should be protected by the courts, police and charitable organisations that support those affected by domestic violence.
• Given the sensitive nature of a lot of this personal information, the consequences of exposure can be very severe.
• Compensation in domestic violence data breach claims may be awarded for both financial and psychological damage caused. 
• The data breach solicitors on our highly experienced panel can take on your claim under a very desirable contract with strict No Win No Fee terms.

We understand how distressing it can be to have your personal information compromised, so our advisory team maintains a 24/7 service to provide free and confidential guidance whenever it’s convenient. Get in touch today via the details given below.

Select A Section

1. Can I Make A Claim If Information About The Domestic Violence I Suffered Is Breached?
2. Who Might Breach Information About The Domestic Violence I Suffered?
3. What Data Could Be Involved In The Breach?
4. Examples of Domestic Violence Data Breach Claims
5. What Harm Can Be Caused By A Domestic Violence Data Breach?
6. How Much Compensation Could A Domestic Violence Victim Get After A Data Breach?
7. How Can I Prove A Domestic Violence Data Breach Occurred?
8. No Win No Fee Claims For A Breach Of Domestic Violence Data
9. Get Help From Data Breach Claims
10. Frequently Asked Questions
11. More Information

Can I Make A Claim If Information About The Domestic Violence I Suffered Is Breached?

You can make a claim if information about the domestic violence you suffered is breached due to a failure to uphold data protection law, causing financial and/or psychological harm. Organisations in the UK have legal obligations to keep your personal information safe and process it in a lawful way. These responsibilities are set out in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. 

The eligibility criteria in domestic violence data breach claims can therefore be summarised as follows:

1. An organisation failed to comply with data protection law.
2. This failure resulted in a personal data breach that impacted personal information relating to domestic violence. 
3. You experienced financial harm, psychiatric damage, or both.

If you’d like to discuss how this criteria might apply to your specific situation, please reach out today for a confidential chat with one of our advisors.

Who Might Breach Information About The Domestic Violence I Suffered?

The police, the courts, and victim support groups are some of the organisations that might breach information about the domestic violence you suffered if they fail to take the necessary protective actions. If you accessed mental health support through a private therapist, they could also potentially cause personal information about your experience of domestic violence to be disclosed without your consent or otherwise compromised.

So, if you have been notified or suspect that a breach incident has compromised your personal information, talk to our advisors to find out if you may be able to seek compensation. 

What Data Could Be Involved In The Breach?

Names, addresses, contact details, and more sensitive personal information (e.g., biometrics) are among the data that could be involved in a domestic violence data breach. The ICO defines personal data as information that can be used to identify living individuals, whether directly or indirectly.

Examples include:

• Your name.
• Your residential address.
• Contact information, such as your email address or phone number.

The UK GDPR also makes provision for special category data, a term applied to personal information that is considered more sensitive and therefore demands a higher standard of protection. Special category data includes information relating to:

• Racial and ethnic origin.
• Your health.
• Religious, philosophical, and political beliefs.
• Your sexuality and sex life.

Any exposure of such personal information can be immensely damaging and put a person’s security at risk. Our advisors are on hand 24 hours a day to offer further guidance and assess your eligibility to claim for free, so please don’t hesitate to reach out to get the information you need. 

Examples of Domestic Violence Data Breach Claims

Examples of domestic violence data breach claims include personal information being compromised due to lost or stolen devices, wrong address errors, or inadequate security policies and software. 

It is important to note that personal data breaches can be down to both human error and intentional actions. We’ve provided some more in-depth scenarios for your reference here:

• A police officer from the unit dealing with your domestic violence case lost a device containing important information relating to various investigations, including your own, while travelling by train. Unauthorised persons subsequently accessed the names and contact information of multiple crime victims, which left you with severe anxiety.
• Administrative errors by court staff resulted in a letter containing details of your new address being sent to your old residence. This allowed your abusive ex-partner to come back into your life, causing substantial distress and requiring another relocation.
• A domestic violence support charity’s failure to update cybersecurity software led to multiple case files being exposed and others irretrievably destroyed when malware infected their systems. The impact of this information being compromised led to you developing depression and long-term anxiety. 

Other scenarios could arise, so it’s important to reach out and see if you could make a claim. Our advisors can answer any questions regarding your specific circumstances and tell you within minutes whether you may be able to pursue compensation today. 

What Harm Can Be Caused By A Domestic Violence Data Breach?

Severe psychological distress, financial losses, and prolonged harassment from an abusive ex-partner are the main forms of harm that can be caused by a domestic violence data breach. Owing to the sensitive and traumatic nature of domestic violence crimes, the compromise of personal information can have significant impacts on victims. This can include:

• Stalking and harassment.
• Being forced to move into temporary housing or to a new permanent home.
• Anxiety or PTSD.
• A loss of trust in support services.

To find out more about how the harm you suffered may be compensated, speak to an advisor today.

How Much Compensation Could A Domestic Violence Victim Get After A Data Breach?

How much compensation a domestic violence victim could get after a data breach will reflect the level of distress and financial loss resulting from their personal information being compromised. The financial losses stemming from a personal data breach are called material damage, and we’ll look at this in greater detail in the next section.

Non-material damage refers to the psychiatric harm caused by the breach, ranging from anxiety to lifelong post-traumatic stress disorder. Using relevant brackets from the Judicial College Guidelines (JCG), we’ve created this table featuring suggested compensation brackets for various forms of psychological harm. Solicitors and other legal professionals often use the document’s guideline brackets to help them calculate compensation.

Compensation Table

Please note that the top entry was not taken from the JCG. This information has been included to serve as guidance only.

Type of Harm	Guideline	Notes
Very Severe Psychiatric Harm with Material Damage	Up to £500,000+	Costs may include lost income, therapy, and moving to a new home.
General Psychological Distress - Severe (a)	£66,920 to £141,240	A very poor prognosis with marked problems relating to ability to cope with personal relationships, work and life.
General Psychological Distress - Moderately Severe (b)	£23,270 - £66,920	A much more optimistic prognosis than above but significant problems regarding ability to cope with life and relationships will be present.
General Psychological Distress - Moderate (c)	£7,150 to £23,270	Substantial improvement with a good prognosis.
General Psychological Distress - Less Severe (d)	£1,880 to £7,150	Consideration of impact on sleep and daily activities and the length of disability period.
Post-Traumatic Stress Disorder - Severe (a)	£73,050 to £122,850	Bad effects across all aspects of life that prevent anything resembling pre trauma functioning.
Post-Traumatic Stress Disorder - Moderately Severe (b)	£28,250 to £73,050	Significant disability despite some recovery with professional help.
Post-Traumatic Stress Disorder - Moderate (c)	£9,980 to £28,250	Cases where there has been a significant recovery with no gross disablement.
Post-Traumatic Stress Disorder - Less Severe (d)	£4,820 to £9,980	Virtual recovery with 1 or 2 years

What If I’ve Experienced Financial Losses Because Of A Data Breach?

If you’ve experienced financial losses because of a data breach, you may be compensated for this impact as part of your payout. The considerable distress caused by a breach of personal data relating to a domestic violence case may require long-term counselling and other support, as well as lead to a significant time off work, resulting in substantial costs.

As part of your compensation, you could receive payments for the following:

• Loss of earnings for any time taken off work to recover from the mental distress.
• Therapy sessions can also be reimbursed.
• The cost of security installations to your home, or even a full relocation, if your address has been compromised and your safety is at risk. This is a particular risk for data breaches concerning domestic violence.

Remember to hold onto any documents that prove these costs, as you can only claim for losses with evidence. Your payslips, therapy bills, and any purchase receipts can all be used.

You can find out more about claiming for your own material damage by speaking to our advisors today. 

How Can I Prove A Domestic Violence Data Breach Occurred?

To prove that a domestic violence data breach occurred, you will need evidence of the financial and psychological harm that you suffered from your personal information being compromised. This typically involves using:

• Medical records or psychiatric notes confirming the diagnosis of a mental health condition like PTSD or anxiety.
• Any correspondence you have had concerning the domestic violence data breach.
• The conclusions of an ICO investigation into the incident.
• A notification letter informing you of the breach.
• Financial documents, such as payslips and invoices.

If you’d like further information on proving a claim, our advisors are here to help. They are also happy to explain how a solicitor from our panel can provide expert support in gathering evidence.

No Win No Fee Claims For A Breach Of Domestic Violence Data

Our expert panel of solicitors can represent clients in claims for a breach of domestic violence data under a particular contract called a Conditional Fee Agreement (CFA). This No Win No Fee agreement means you won’t have to pay any service fees to the solicitor at the start of or during the actual claim. You also won’t be on the hook for any service fees if the claim is lost. 

A success fee will be taken from your compensation only in the event your claim is won. The maximum percentage your solicitor can charge for this is legally capped by The Conditional Fee Agreements Order 2013. These fees are also agreed upon before the claim gets underway, so the advantage is firmly with the claimant. 

If you’d like to learn more about our panel’s No Win No Fee services, please read on. In the meantime, why not have a chat with our advisory team for more tailored guidance on the claims process?

Get Help From Data Breach Claims

You can get help from Data Breach Claims by calling our advisors today and asking any questions you may have about the claims process. Our team can provide you with further guidance and assess your eligiblity for free. 

Eligible claimants will be connected with a specialist data breach solicitor from our dedicated panel who will be by your side from the start of the claim through to its conclusion. At Data Breach Claims, our panel of data breach solicitors believe that every claim is as unique as the person making it, so they really take the time to understand your specific circumstances and provide a service built around your personal needs.

Here are just a few of the ways one of the data breach solicitors from our panel can help you:

• Ensuring you receive any medical care, support, and rehabilitation you require, with referrals to relevant specialists.
• Assisting you with gathering supporting evidence.
• Explaining all the technical language and making sure you understand what is happening with your claim.
• Determining a potential compensation figure.
• Negotiating a final settlement on your behalf.

Contact Our Advisors

The entire team at Data Breach Claims fully appreciates there’s a lot of information here and understands how difficult it can be to know where to start when it comes to seeking compensation. So, our advisory team does the hard work for you. They offer a 24/7 advisory service to answer your questions and tell you in minutes if you could make a claim.

Get in touch with our advisors today via the details given below:

• Call us on 020 8050 6279.
• You can also contact us online by completing a callback form.
• Or, click the live chat button on your screen now.

Frequently Asked Questions

These are some frequently asked questions with quick-fire answers to various aspects of the domestic violence data breach claims process. Remember, for more detailed answers or a free eligibility check, talk to our advisory team today. 

Can I Make A Claim Against A Local Authority Or Public Body?

Yes, you can claim against a local authority or public body if their failure to protect your personal data caused you harm. This can include the police, the courts, or your local council, depending on the circumstances of the particular breach.

Will My Identity And Safety Be Protected During The Claims Process?

Your identity and safety will be protected during the claims process, as our panel of solicitors take legal professional privilege and your right to confidentiality extremely seriously. Any information you disclose during the claims process, as well as all communications between yourself and the solicitor, will be treated in the utmost confidence.

Can Emotional Distress Be Claimed For?

Emotional distress can be claimed for, as data breach compensation can cover various forms of psychological harm. Solicitors may use your medical evidence and the JCG to determine a potential payout figure. 

Will I Have To Go To Court?

It is unlikely that you will have to go to court, as most claims get settled through discussions and alternative dispute resolution methods such as arbitrations. However, a trial may prove necessary if the defendant disputes liability or the amount of compensation you are to receive. 

More Information

You can see more data breach claims guides on our website:

• Read our legal glossary for a handy jargon buster.
• Find out if you could claim after a data breach by a solicitor caused you financial and/or psychological harm. 
• Learn more about the time limit for data breach claims here. 

These external resources contain further information that you may find useful:

• Read the Your Data Matters blog on the ICO website. 
• Get the latest advice to keep you and your family safe from the National Cyber Security Centre.
• The NHS has published this guidance on post-traumatic stress disorder and how to access treatments and other support. 

We’d like to thank you for taking the time to read our guide on domestic violence data breach claims.