How Much Compensation For Domestic Violence Data Breach Claims?

If you’re looking for information on domestic violence data breach claims, this guide can help. As you may know, personal information is protected by law. If those in possession of it fail to keep it safe, you may be entitled to compensation for the financial and emotional harm caused by a data breach.

Two main laws, called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), protect our personal data. In addition to this, a powerful, independent watchdog called the Information Commissioner’s Office (ICO) outlines the ways in which those in control of data (known as controllers and processors) must process it lawfully and prevent any security incidents that could impact the public’s data rights.

Our guide begins by exploring who is eligible to initiate domestic violence data breach claims and how much compensation may be applicable if the claim is successful. We look at how domestic violence data might be breached and who could access details like these. Time limits for claiming are also discussed.

We finish our guide by explaining how a solicitor from our panel could help. They regularly assist eligible claimants in a No Win No Fee capacity. This avoids the need to pay any legal fees upfront to launch your data breach compensation claim.

Domestic violence is a sensitive subject, and we understand that having details like this compromised can be tremendously stressful and frightening. Please read on to learn more about how we can help, or you can get in touch in the following ways:

• Ring our sympathetic advisors on 020 8050 6279
• Contact us to make a free claim enquiry.
• Ask a question about domestic violence data breach claims in the chat function below.

 

Frequently Asked Questions 

1. Who Can Make Domestic Violence Data Breach Claims?
2. How Much Compensation Could A Domestic Violence Victim Get After A Data Breach?
3. What Domestic Violence Data Could Be Breached?
4. Who Might See A Domestic Abuse Victim’s Data?
5. What Is The Time Limit For Domestic Violence Data Breach Claims?
6. If I’ve Been The Victim Of A Domestic Abuse Data Breach, How Can I Stay Safe?
7. Get Help From Data Breach Claims
8. More Information

Who Can Make Domestic Violence Data Breach Claims?

Domestic violence data breach claims must meet three criteria:

• The data controllers and processors failed to comply with the DPA and UK GDPR data protection laws.
• Your details were breached.
• The breach resulted in causing you financial harm, mental suffering or both.

You could claim data breach compensation regardless of whether the security incident was deliberate or due to human error. As long as these three criteria are in place, you could have grounds to start a domestic violence data breach claim. For free guidance on whether your case might qualify, speak to our advisory team today.

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

The amount of compensation awarded in a successful domestic violence data breach claim depends on the levels of financial harm and psychological suffering the person experienced. 

Your non-material damage or psychological harm is evaluated using a combination of medical records and the Judicial College Guidelines (JCG). In this document are the compensation guidelines for various physical and psychological harms, categorised by their severity.

We’ve constructed a table below using the amounts for mental harm. These figures originate from past successful cases, but they are strictly guide amounts. For a more accurate assessment, it is always advisable to consult a specialist solicitor, and we can help with that. Also, the first line shown here is not from the Judicial College Guidelines:

Compensation Guidelines

EXAMPLE OF HARM	LEVEL OF SEVERITY	COMPENSATION GUIDELINES	DEFINITIONS
A combination of severe harm and Material Damage amounts included	Severe	Up to £500,000 plus	Cases where a wide-spread psychological reaction impacts the person and results in an award for counselling, relocation costs and loss of income.
Psychiatric/Psychological Harm (Generally)	(a) Severe	£66,920 increasing to £141,240	The harmed person has notable problems coping with work or relationships and the future outlook is vey poor.
	(b) Moderately Severe	£23,270 increasing to £66,920	A more positive outlook than the bracket above, however there are still significant issues with work, relationships and future vulnerability to mental health issues.
	(c) Moderate	£7,150 increasing to £23,270	While similar issues to those above may have been initially present, a distinct improvement is noted by the point at which a court hearing may take place.
	(d) Less Severe	£1,880 increasing to £7,150	Awards here reflect the length of disability caused and how badly daily activities were affected.
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	£73,050 increasing to £122,850	Permanent trauma impacts here are significant enough to stop the person working or functioning as they normal did before the event.
	(b) Moderately Severe	£28,250 increasing to £73,050	A better prognosis is made after professional counselling has been given, however conditions still represent a significant level of injury going forward.
	(c) Moderate	£9,980 increasing to £28,250	By and large a recovery with ongoing affects being classed as not grossly problematic.
	(d) Less Severe	£4,820 increasing to £9,980	Almost a complete recovery is seen within a 24 month period and only minor issues are noted reaching beyond this period.

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

The financial impacts of the domestic violence data breach or material damage can also be recovered as part of a claim. In order to include this in a claim, you would need to supply actual proof that the data breach had caused you out-of-pocket expenses. You might have the following:

• Bank statements and credit score reports showing a loss of money.
• Receipts or invoices from any mental health counsellors who treated you.
• Proof of prescription charges for essential medications.
• Any invoices, receipts or evidence of costs incurred to restore privacy. This can range from needing to change a smartphone to the costs of relocating home or schools if a hostile partner discovers you or your family’s whereabouts.

If you’d like help to calculate material and non-material damage amounts, speak to our team. They could connect you with a solicitor from our panel with the expertise to accurately value domestic violence data breach claims for compensation.

What Domestic Violence Data Could Be Breached?

Domestic violence data that could be breached can include both general and sensitive details about the person, ranging from name and address, email or contact numbers to much more private information. With this in mind, certain data is subject to tighter regulation and classed as ‘special category’:

• Details about race and ethnicity.
• Political opinions and philosophical beliefs.
• Trade union memberships.
• Health information.
• Biometric and genetic data.
• Sexual orientation data.

Much of this information may overlap into areas where domestic violence victims need to access support, such as social services, the NHS, charitable agencies, crisis centres or the police. All agencies involved must have a lawful basis for processing special category data under Article 6 and Article 9 of the UK GDPR.

Their failure could result in a security incident. This is an event that may compromise the confidentiality, integrity, and accessibility of your data. The ICO broadly describes personal data breaches as the loss, destruction, duplication, alteration, or unauthorised disclosure of protected data. If this happened to you, call to discuss your options for claiming against the agency at fault.

Who Might See A Domestic Abuse Victim’s Data?

Apart from individuals and agencies authorised to view domestic violence data, such as social services, the police, or your legal representation, others could access the information if it is not carefully guarded. Here are some types of incidents that can prompt a breach of data:

• Unauthorised staff in the social services department of a local authority happen upon paperwork or a computer screen that was not kept secure.
• Domestic violence data is shared verbally without your consent between the workers in a crisis centre or charity.
• Protected personal data relating to a victim was posted to an incorrect address by the police.
• An email containing domestic violence data was sent in error to the wrong recipient or attached in error to a group internal email.
• A victim’s safe address was revealed to their abuser when unredacted documents were shared in mediation meetings with the ex-partner.
• The birth father was sent the new home address of the adopted children in error by the NHS. This required the whole family to relocate.

These represent a small handful of examples. Your data may have been compromised in other ways. Whatever the basis, our advisors will answer any questions or concerns you may have about domestic violence data breach claims.

What Is The Time Limit For Domestic Violence Data Breach Claims?

There is, generally, a time limit of up to 6 years in which to start a data breach compensation claim. Advisors can give immediate information on how our panel of solicitors can help you meet this deadline. They can also advise on how to put together supporting evidence and help you present your best claim for compensation. Why not get in touch to learn more?

If I’ve Been The Victim Of A Domestic Abuse Data Breach, How Can I Stay Safe?

If you’ve suffered a domestic abuse data breach, there are certain actions that you can take to stay safe and restore a sense of security and confidentiality in your life:

• Firstly, if you are at direct risk of harm from a violent partner because of the breach, contact your social worker, schools or the police.
• Change the passwords on your devices (like smartphones and laptops), as well as log in details for accounts and social media sites.
• Complain to the data controller/processor concerned. Organisations are obliged to report data breaches with the potential to impact the rights and freedoms of those involved within a 72 period of discovery. Impacted data subjects should be notified as soon as practicable.
• Importantly, if you receive an unsatisfactory response from the organisation concerned, you can make a complaint to the ICO, who may look into the matter. You can use any findings from their investigation as evidence in your claim as well. Do this no later than 3 months from the last communication with the organisation.
• Gather evidence of financial harm (such as bank statements) and emotional suffering, such as reports from counsellors and medical records.

You might also consider seeking legal help at this point to claim data breach compensation, and our advisors can discuss this with you right now.

Get Help From Data Breach Claims

Rather than face the stress and complexity of managing the claims process alone, our panel of solicitors could help you with your domestic violence data breach claim. They can act on behalf of eligible claimants using a Conditional Fee Agreement (CFA). This type of No Win No Fee contract is a funding option that removes the worry of paying initial solicitor’s fees or any ongoing costs for their services.

Using this option, no solicitor’s fees apply for finished work if a domestic violence data breach claim is unsuccessful. However, if the claim is successful, a nominal percentage of the compensation is deducted as a success fee. A legal limit applies to this percentage, and the person claiming gets to keep the bulk of the compensation.

A CFA is just one benefit of working with the solicitors on our panel. If they take up the compensation claim, you can expect:

• A detailed evaluation of the merit of your claim.
• Help to gather supporting evidence of the data breach.
• A robust defence of your interests in negotiations with the other side.
• Help to fully understand your rights, the data protection claims process and any legal jargon.
• Professional representation if the claim needs to go to court.
• Advice on the best ways to fund your claim.
• Free legal advice throughout.
• Also, support with rehabilitation and finding the services to help you best recover.

These combined services could help you feel much more confident about making a data breach claim. With their decades of expertise in matters like this, it makes sense to see if the solicitors on our panel could handle your case.

Contact Our Panel Of Solicitors

• Ring our advisors on 020 8050 6279 to confidentially discuss your personal data breach.
• Contact us to make a free claim enquiry.
• Ask a question about domestic violence data breach claims in the chat function below.

More Information

Alongside the information in this guide about domestic violence data breach claims, you can read more on other related topics here:

• Here is information about a police data breach claim.
• In addition to this, what social services compensation may apply after a breach.
• Also, read about claims after breaches of children’s personal data.

External information to help:

• This NHS link details getting help for domestic violence and abuse.
• Also, this GOV.UK domestic abuse resource provides support.
• Lastly, read legal guidance from the Crown Prosecution Service (CPS) about domestic abuse.

In conclusion, thanks for taking the time to read our guide on domestic violence data breach claims. If you need any further information or free guidance, please call, email, or ask a question in the live discussion window to connect immediately.