Last Updated On 18th November 2024. In this guide, we discuss when you could be eligible to make a landlord data breach claim. There are a set of criteria that need to be met for you to have valid grounds to pursue compensation. As we move through this guide, we look at the criteria in more detail, the evidence you could gather to strengthen your case, and how data breach compensation is calculated in successful claims.
Additionally, we provide examples of how a personal data breach could occur and the impact it could have.
Finally, we discuss the benefits of working with a No Win No Fee solicitor from our panel who has experience handling data breach claims, and the terms under which they offer their helpful services.
If you have any other questions, please get in touch with our helpful team of advisors. They can provide free advice and offer an assessment of your particular circumstances. To reach out, you can:
- Call an advisor on 020 8050 3051 to discuss your potential claim
- Contact us online by filling out our call-back form
- Use the live chat feature below
Jump To A Section
- Are You Eligible To Make A Landlord Data Breach Claim?
- What Is A Landlord Data Breach?
- Compensation You Could Receive From A Landlord Data Breach Claim
- What Could You Do After A Personal Data Breach?
- Make A Landlord Data Breach Claim Using A No Win No Fee Solicitor
- Learn More About Data Breach Claims
Are You Eligible To Make A Landlord Data Breach Claim?
Two data protection laws, The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR), lay out certain responsibilities data controllers and data processors have with regard to the storing, handling, and processing of your personal data.
Controllers set the purpose and means for processing and often process the data themselves. Alternatively, they may outsource this task to a data processor who acts on behalf of the controller. Both need to protect your personal data by adhering to the DPA and UK GDPR.
Personal data is any information that can be used to identify you, such as your name, phone number, email address, debit and/or credit card details, and postal address. There is also special category data which refers to data that is sensitive and requires more protection. Examples of this can include data concerning your health, biometric data where used for identification purposes, and data revealing your racial or ethnic origin.
A breach of personal data can be defined as a security incident in which the confidentiality, integrity, and availability of your personal data is affected. The Information Commissioner’s Office (ICO), an independent body in the UK set up to uphold information rights, provide this definition.
In order to begin a landlord data breach claim, you need to prove the following:
- A data controller or processor did not uphold their obligations as per the DPA and UK GDPR. This is known as wrongful conduct.
- Due to their wrongful conduct, your personal data was compromised in a breach.
- This caused you either financial harm, psychological injury or both.
To discuss your specific case and find out more about the eligibility criteria for making a personal data breach claim, call an advisor using the number above.
What Is A Landlord Data Breach?
Landlords may require certain types of personal data in order to rent a property to you, including your name, previous address, phone number, credit or debit card details for taking a payment for your monthly rent and a deposit. Additionally, they may also require more sensitive data, such as a copy of your passport to ensure you have the right to reside in the UK. If any of this personal data is breached, it could impact you financially and/or psychologically.
Examples of how a breach of personal data by your landlord could occur include:
- Your landlord may have required you to fill out a form with your personal data prior to renting a property. They may have needed to send a copy of the form back to you to confirm the details were correct but sent it to the wrong email address. As a result of the email data breach, you may have experienced stress due to your personal data being compromised.
- Your landlord may have failed to store a physical copy of your passport securely. As a result, someone without authorisation gained access and you were caused stress and anxiety after your passport data was breached due to wrongful conduct.
- There may have been paperwork lost or stolen that contained your payment details for rent. As a result, your credit and debit card details were stolen and this led to you experiencing a monetary loss.
If you’d like to discuss your specific case and find out whether you could make a landlord data breach claim, please get in touch with an advisor via the number above. An advisor may connect you with one of the expert data breach solicitors from our panel to help you seek compensation.
Compensation You Could Receive From A Landlord Data Breach Claim
If your landlord data breach claim is a success, you could be awarded compensation for two different types of damage. Firstly, non-material damage refers to the psychological injury caused by the breach of your personal data. This can include stress, anxiety, distress, and post-traumatic stress disorder in some cases.
To accurately calculate the value of non-material damage, reference can be made to the Judicial College Guidelines (JCG) which lists guideline award brackets for different types of psychological harm.
Compensation Table
The figures in the table are from the JCG, with the exception of the very first entry. Please use the table as a guide only as when you claim compensation, the settlement you’re awarded will differ depending on the unique circumstances of your case.
| Type of Harm | Severity Level | Notes | Guideline Award Brackets |
|---|---|---|---|
| Very serious psychological damage with significant financial expenses | Very serious | A settlement consisting of compensation for very serious mental damage and substantial monetary losses also incurred. | Up to £250,000 plus |
| Psychological harm | (a) Severe | The person has a very poor prognosis and marked problems affecting multiple areas of their life. | £66,920 to £141,240 |
| (b) Moderately Severe | Significant issues impacting different areas of the person's life but with a better prognosis. | £23,270 to £66,920 | |
| (c) Moderate | A significant improvement and a good prognosis. | £7,150 to £23,270 | |
| (d) Less Severe | The award is influenced by how long the person is affected and to what extent. | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | Permanent effects prevent the person from functioning at a pre-trauma level and all aspects of their life are affected in a negative way. | £73,050 to £122,850 |
| (b) Moderately Severe | A better prognosis due to the person receiving some professional help and showing some recovery. However, a significant disability is likely for the foreseeable future. | £28,250 to £73,050 | |
| (c) Moderate | A significant recovery and any ongoing issues won't be grossly disabling. | £9,980 to £28,250 | |
| (d) Less Severe | The person makes a mostly full recovery within a couple of years and only minor issues continue for a longer period. | £4,820 to £9,980 |
Can I Claim For Material Damage?
Following the judgement handed down in Vidal-hall and Others vs Google Inc. (2015), data subjects can claim for psychological harm and financial losses independently of each other.
We have given some examples of material damage that you could seek compensation for as part of your landlord data breach claim here:
- Lost earnings due to being off work because of psychological distress.
- Medical expenses from treatment for that distress.
- Security installations or relocation costs if your address was disclosed to unauthorised persons.
This section is intended to offer guidance on how compensation for a landlord data breach can be calculated. As every claim is different, and assessed individually, we can make no guarantees regarding compensation amounts here.
To get a more personalised estimate of the landlord data breach compensation you could be entitled to in your particular circumstances, contact our advisory team using the details given below.
What Could You Do After A Personal Data Breach?
There are several steps you can take when making a data breach compensation claim. For example:
- Contact the organisation directly: Data controllers must notify you without undue delay if a personal data breach has put your rights and freedoms at risk. They may do this via a letter of notification informing you of the personal data that’s been affected and how the breach occurred. If you haven’t received a notification, but suspect your data has been breached, you can contact the organisation yourself. Keep any copies of correspondence to support your claim.
- Contact the ICO: If you haven’t had any response from the organisation, you could make a complaint to the ICO. They may choose to investigate your concerns but cannot award compensation. The findings from their report can be used to support your case.
- Gather evidence of the financial and/or psychological damage: This could include medical records, such as a medical report from your doctor to show any mental harm, or bank statements and credit reports to show any financial damage.
If you have an eligible landlord data breach claim, you could instruct an experienced solicitor from our panel to represent your case. They can help you gather evidence and guide you through the process of seeking compensation for the effects of having your personal data compromised.
Make A Landlord Data Breach Claim Using A No Win No Fee Solicitor
If you are eligible to start a landlord data breach claim, you could instruct an experienced No Win No Fee solicitor from our panel to represent your case. They offer their services under a contract known as a Conditional Fee Agreement (CFA). Typically, this means the following:
- There are no fees required upfront, as your claim proceeds, or if the claim fails.
- A success fee will be taken by your solicitor if your claim succeeds. This is taken as a percentage of your compensation. However, the percentage has a legal cap ensuring you keep the majority of your awarded settlement.
For further guidance on working with an experienced data breach solicitor from our panel on a No Win No Fee basis, please get in touch with an advisor. They can assess your case for free and determine whether you have valid grounds to pursue compensation following a landlord data breach.
To reach out, you can:
- Call an advisor on 020 8050 3051 to discuss your potential claim
- Contact us online by filling out our call-back form
- Use the live chat feature below
Learn More About Data Breach Claims
You can find more of our helpful guides relating to claims for data breaches below:
- This guide explores when you could claim for a data breach on social media and how compensation is calculated for such cases.
- Find out whether you could claim after a credit card data breach and the steps you can take to secure a settlement.
- Information on the types of incidents leading to data breach compensation and when you could potentially take legal action.
For more external resources:
- Guidance on how to make a complaint to the ICO.
- Information on top tips for staying safe online from the National Cyber Security Centre.
- Advice on finding out what data an organisation has about you from GOV.UK.
If you have any other questions about making a landlord data breach claim, call our team using the number above.
