If your data was breached by someone who should have taken better care while using a fax machine, this guide could help. It will explain the requirements for making a fax data breach claim, the process involved, and how you can claim data breach compensation with the help of a No Win No Fee data breach solicitor.
Fax machines scan an image and turn it into information that a phone can understand. They send that information through the phone line to another fax machine, which turns the information back into an image and prints it.
While the technology has been mostly replaced by emails, many organisations still fax. This might be because they need to quickly send older files that have not been digitised.
There’s no need to wait until the end of the article to begin your compensation claim. You can speak to one of our advisors right away to get started:
- Call anytime 24/7 on 020 8050 3051.
- Submit a query on our Contact Us page.
- Use the Live Chat feature below.
Jump To A Section
- What Is A Fax Data Breach Claim?
- What Are The Main Causes Of Fax Data Breaches?
- How Can Fax Data Breaches Be Prevented?
- Will I Be Contacted If My Personal Information Is Involved In A Data Breach?
- What Do I Need To Make A Fax Data Breach Claim?
- How Much Compensation For A Misdirected Fax Data Breach?
- No Win No Fee Data Breach Claims
- More Useful Resources About Data Breach Claims
What Is A Fax Data Breach Claim?
A fax data breach is a kind of personal data breach. It happens when:
- An organisation sends or receives your personal data via fax.
- They cause your fax to be involved in a security incident that puts your data rights at risk.
- That security incident causes you harm.
Personal data breaches can involve various parties.
- A data controller makes decisions about your personal data. They have an obligation to maintain the confidentiality, security, and integrity of that data. If your former employer has your name and contact details, for example, they are a data controller.
- A data processor handles personal data. This includes data controllers but may also be a third-party acting on their behalf. An example of a process would be if your favourite clothing brand instructed an IT company to keep their retail data on a secure server.
- You are the data subject, i.e. who the personal data is about. You have many rights as a data subject, including the right to ask how your data is stored and used.
These rights and obligations arise under the Data Protection Act 2018 and UK General Data Protection Regulation, laws that protect personal data from misuse.
What Is Personal Data?
Personal data identifies you. Examples are your:
- Name
- Address.
- Contact details.
- Date of birth.
- National insurance number.
Special category data identifies characteristics protected from discrimination by law. Due to this risk, data controllers must have very good reasons to collect such data. Examples are your:
- Religious or philosophical beliefs.
- Gender identity.
- Sexual orientation.
- Political or trade union affiliation.
Speak to one of our advisors today via the details above about making a fax data breach claim.
What Are The Main Causes Of Fax Data Breaches?
Many scenarios could lead to a fax data breach claim, from complex software bugs to simple human error:
- Your GP surgery combines with another in the next town over. They sell their surplus fax machines without wiping their memory, exposing sensitive medical data.
- An administrator handling large amounts of hospital data enters a wrong number for a consultant. They send a scan of your broken leg to someone else by accident.
- Your local chemist receives faxes on a machine just behind the front counter. Pharmacy data, including names and birth dates, is regularly left within view of whoever walks in.
- A national chain buys the small accounting firm that handles your business taxes. They digitise older records by faxing them to their central office but forget to gain your consent before doing so.
If this has happened to you, you could be eligible to claim compensation. Speak to our advisors today using the details at the top of this page to discuss the situation that resulted in the exposure of your personal data.
How Can Fax Data Breaches Be Prevented?
Data controllers can protect themselves from liability for fax data breach claims with simple procedures. This may include such steps as:
- Maintaining Encryption – some fax devices can scramble information in a way that can only be reversed by the intended recipient.
- Using Strong Passwords – regularly change fax machine passwords using a mix of letters, numbers, and special characters.
- Updating Contact Details Regularly – check with regular correspondents to ensure you have their correct number.
- Double Checking Numbers – take a moment to read fax numbers carefully before pressing send.
- Using A Shredder – destroy faxes that do not need to be securely kept for a good reason. Please note that destroying documents is considered data processing.
Any failure to do the above could lead to a breach of your personal data. If so, our advisors can help get a fax data breach claim started. You can reach them using the details at the top of this page.
Will I Be Contacted If My Personal Information Is Involved In A Data Breach?
If an organisation causes a security incident severe enough to put your data rights and security at risk, they must tell you without any unnecessary delay. This must be in writing and must explain:
- How the breach happened.
- What personal data was affected.
- The potential consequences.
- How you can protect yourself moving forwards.
They must also tell the Information Commissioner’s Office (ICO) within 72 hours of such a breach. The ICO is the data regulator for the UK. They investigate breaches, issue fines, and enforce better practices. While they cannot award compensation for a fax data breach claim, they can report their findings. This can be powerful evidence in a compensation claim.
Talk to our advisors today via the details above if you have received a breach notification letter from a controller or the ICO.
What Do I Need To Make A Fax Data Breach Claim?
Fax data breach claims succeed most often when they have strong evidence backing them up. The better the evidence, the more likely the compensation.
A letter from the ICO is one of the best ways to prove that a personal data breach harmed you, because it will detail the findings of an independent investigation. There are also other sources of evidence:
- Data Subject Access Request – you have a right to access your personal data and see records of how it has been handled.
- Medical Reports – to show that the personal data breach caused you psychiatric harm.
- Witness Details – a legal professional can take a statement from whoever saw the damage done to you by the personal data breach.
You do not have to gather this evidence yourself. A member of our panel can do so for you. Speak to our advisor today to know more about making a fax data breach claim.
How Much Compensation For A Misdirected Fax Data Breach?
Fax data breach claims seek compensation for two kinds of damage.
- Material damage – can be defined as an amount of money, i.e. loss of income.
- Non-material damage – cannot be explained in monetary terms, i.e. emotional injury.
Material damage is easier to calculate. If a doctor’s note says you took three weeks off work unpaid to manage severe anxiety after a breach of your personal data, the potential material damage would equal three weeks of pay. This would be easily demonstrated with recent payslips.
You could also claim material damage compensation for:
- Loss of earning potential.
- Medical expenses.
- Relocation costs if breach risked your safety.
- Any other expenses incurred as a result of the breach.
Non-material damage is less clear, as it is harder to put an exact figure on emotional pain and suffering. Whoever handles your claim could, therefore, work out compensation using the Judicial College Guidelines (JCG), tables that line up injuries with estimated values. The table below provides some examples.
Please note that the top figure is not from the JCG and is included because some claims are more complex than others. None of the figures below should be taken as a guarantee.
| Injury | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Psychiatric Harm with Compensation for Material Damage | Very Severe | Up to £250,000 or more | Not from the JCG, as likely to include loss of present and future earnings. |
| General Psychiatric Damage | Severe | £66,920 to £141,240 | Marked problems with ability to cope with life, education, work, and relationships. Poor prognosis, despite willingness to seek medical attention. |
| Moderately Severe | £23,270 to £66,920 | Significant problems with ability to cope with life, education, work, and relationships. Optimistic prognosis. | |
| Moderate | £7,150 to £23,270 | Some problems with ability to cope with life, education, work, and relationships. Good prognosis. | |
| Post Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Permanent inability to work at anything approaching pre-trauma level. All aspects of life will be badly affected. |
| Moderately Severe | £28,250 to £73,050 | Inability to work at pre-trauma level for the foreseeable future. Prognosis improved by professional help. | |
| Moderate | £9,980 to £28,250 | Recovery with not grossly disabling effects likely. |
Our panel of solicitors have considerable experience negotiating settlements in this area and can advise you of your claim’s value as it develops. Speak to an advisor to get started on your fax data breach claim today. Their details are above.
No Win No Fee Data Breach Claims
Fax data breach claims need time, resources, and money. Get it wrong doing it by yourself, and you could lose out on compensation and end up with a bill for all involved.
Alternatively, a solicitor from our panel can take on your claim. This can provide the peace of mind that comes with decades of experience fighting for clients just like you.
They can move your case forward with:
- Leading expertise and knowledge.
- Significant resources to gather the best possible evidence.
- Honesty and compassion to guide you all the way.
They can also do so on a No Win No Fee basis.
When you sign a Conditional Fee Agreement (CFA) with a member of our panel, they deduct a small percentage from the compensation awarded after a successful fax data breach claim and not another penny for their services. This means:
- You won’t pay for your solicitor’s services when they take the claim on.
- Also won’t be anything to pay as it is ongoing.
- Furthermore, if your claim is not successful, your solicitor won’t take a payment for their work on it.
Take action today with a no-obligation and completely free initial consultation.
- Call anytime 24/7 on 020 8050 3051.
- Submit a query on our Contact Us page.
- Use the Live Chat feature below.
More Useful Resources About Data Breach Claims
We hope you found this guide useful. To understand more about fax data breach claims and other related topics, please enjoy these further resources.
Please enjoy the following links from our pages:
- General Advice – how to sue a company for a breach of data protection.
- Email Data Breach – are you able to claim?
- Data Breach Claim Examples – what else could lead to compensation?
Please continue your reading with the following from around the internet:
- Data Security – incident trends from the ICO.
- Further Guidance for Controllers – communicating with empathy after a data breach.
- Stress – feelings and symptoms from the NHS.
Thank you for reading our guide on making a fax data breach claim.
