Stalking, whether in the physical world or online, can be devastating, stressful, and can put your safety at risk. When we hand over our sensitive, perso nal, or financial information to organisations, we expect them to protect it, in line with data protection laws, regulations, and best practices. When they fail to do so, and your data is involved in a breach, you could attract the unwanted attention of a cyber stalker. You can learn more about when and how stalker data protection breach claims work below.
Key Takeaways
- According to the police, online stalking and harassment can involve social media, text messaging, or a stalker posting pictures or videos of you.
- Cyberstalking may happen alongside other types of harassment and stalking.
- The stalker may not have perpetrated the data breach, but has accessed data involved in it.
- Stalker data breaches could result in you suffering psychological and financial harm.
- We work with a panel of No Win No Fee data breach solicitors, one of whom may be able to help you.
Please contact our team if you have been impacted by a stalker data protection breach.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Jump To A Section
- What Is A Stalker Data Protection Breach?
- Can I Claim Compensation If A Stalker Accessed My Personal Data?
- How Might A Stalker Data Protection Breach Occur?
- What Compensation Can Be Awarded For A Breach Of Data To A Stalker?
- What Evidence Is Needed to Support a Stalker Data Breach Claim?
- Do I Need To Report A Stalker Data Breach?
- How Can Data Breach Claims Help Me?
- More Information
What Is A Stalker Data Protection Breach?
A stalker data breach occurs when an organisation fails to take the appropriate steps to safeguard personal data, such as names, addresses, or financial information, enabling harassment, unwanted contact, or stalking.
A data protection breach may be defined as the accidental or unlawful alteration, loss, destruction, access to or disclosure of your information.
This breach may not have been carried out by the same party who is stalking you, but may occur due to an organisation’s failure to comply with data protection laws, such as the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). The breach will have enabled the stalker to locate, monitor, contact, or otherwise harass you.
Stalker data breaches can pose a high degree of risk to a person, compromising their personal safety, information, and well-being. Please contact us if you have been affected by a private company or app data breach that led to stalking.
Can I Claim Compensation If A Stalker Accessed My Personal Data?
You could claim compensation if a stalker accessed your personal data following a data breach and this caused you to suffer financial loss and/or psychological distress.
Any organisation that processes your personal data has a duty to protect it by adhering to the guidelines set out in data protection laws, such as the DPA and UK GDPR.
If they fail to do this, leading to your personal data being breached, which results in you being stalked and causes you mental or financial harm, you could be eligible to claim compensation.
Essentially, all stalker data protection breach claims must demonstrate:
- An organisation failed to adhere to data protection laws, resulting in a breach.
- Your persona data was involved in the breach.
- This caused you to be stalked, which also resulted in financial loss, psychological harm, or both.
We should note that whilst this article focuses on data breach compensation claims, victims of stalking may also be able to pursue the perpetrator for damages, or bring criminal proceedings against them. Compensation claims against an individual may be brought using the Protection From Harassment Act 1997.
You can contact an advisor today to see whether you may have a valid personal data breach claim.
How Might A Stalker Data Protection Breach Occur?
Stalker data protection breaches might occur due to human error, hacking, a lack of software protection, or other types of cyberattacks. More examples may include:
- Emails being sent to the wrong email address.
- Letters being sent to the wrong postal address.
- Physical records being improperly stored, or not destroyed where necessary.
- Not encrypting data where appropriate.
- Cyber incidents, such as malware, ransomware, or DDoS attacks.
- Loss of physical records or electronic devices, such as laptops, USB sticks, or smartphones containing personal data.
- Weak or not up-to-date firewall or software protection.
These incidents may be considered breaches of data protection law, irrespective of whether they led to a stalker accessing your information. Please contact our team to find out if you could make a data breach compensation claim.
What Compensation Can Be Awarded For A Breach Of Data To A Stalker?
Compensation could be awarded for psychological distress (also referred to as non-material damage) and financial losses (also referred to as material damage) following a personal data breach.
When legal professionals are valuing your non-material damage, they can make reference to medical evidence as well as the Judicial College Guidelines. This document contains compensation guidelines for a range of injuries based on severity.
The following table contains JCG figures relating to psychological harm. Please remember that these are only guidelines, not guarantees. Additionally, the first figure has not come from the JCG.
| Harm | Severity | Compensation |
|---|---|---|
| Severe psychological harm + material damage | Severe mental harm,, including lost income, medical costs, and relocation bills. | Up to £250,000+ |
| Psychiatric damage, generally | Severe - This person faces marked problems in all areas of their life. | £66,920 to £141,240. |
| Moderately severe - Still significant problems, but the prognosis will be more optimistic. | £23,270 to £66,920. | |
| Moderate - Still significant problems, but the prognosis will be good. | £7,150 to £23,270. | |
| Less severe - Damages consider period of disability and effect on daily activities. | £1,880 to £7,150. | |
| Post-traumatic stress disorder. | Severe - Permanent effects preventing the person from working or functioning as prior to trauma. | £73,050 to £122,850. |
| Moderately severe - A better prognosis than above with professional care. | £28,250 to £73,050. | |
| Moderate - Claimant has largely recovered. | £9.980 to £28,250. | |
| Less severe - Virtual full recovery in 1 - 2 years. | £4,820 to £9,980. |
Material Damage In Stalker Data Protection Breach Claims
Material damage in stalker data protection breach claims refers to any financial losses you have suffered due to the personal data breach and being stalked from it. This may include:
- Lost income and earnings due to taking time off work due to your mental health.
- Medical expenses, such as paying for a therapist.
- Relocation fees if you needed to move home for fear of your safety.
- Home security costs if you feared for your safety.
For more information on the compensation that could be awarded in stalker data protection breach claims, please contact our advisory team.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
What Evidence Is Needed to Support a Stalker Data Breach Claim?
To support a stalker data breach claim, you need evidence of the breach and proof of psychological or financial harm suffered. Below, we take you through what to do if your data has been breached.
Identify What Data Was Involved In The Breach
One of the most important steps is identifying what personal data was involved. This may include:
- Your name,
- Contact information, such as your address, phone number or email address.
- Bank (or other) financial details.
- Scans of ID documents, such as a passport or driving license.
You should also record how you discovered the breach and when it occurred
Collect Supporting Evidence
The evidence you collect should show that a breach occurred and that you suffered harm (psychologically and/or financially). This may include:
- A data breach notification letter from the organisation informing you that your data was breached
- Further correspondence from the organisation regarding the data breach.
- Psychological reports or medical records detailing the mental harm you suffered.
- Payslips, bank statements, invoices etc. to show what financial losses you suffered
This evidence can help to outline that a breach occurred and what harm it resulted in.
Contact The Organisation Responsible
You could contact the organisation responsible for the breach and ask them to clarify the following:
- What data was breached?
- The cause of the breach.
- The steps they are taking to fix it.
- What steps are they taking to prevent a similar breach from recurring?
- Any support they may provide you.
File Your Claim Within The Time Limit
Data breach claims are usually subject to a time limit of up to 6 years. You can contact our advisors for more information about this and whether you are still within the time limit to claim.
Seek Legal Help And Advice
Seeking legal advice from an experienced data breach solicitor can help you navigate the potentially complex claims process. A solicitor could help with:
- Determining whether a company or organisation was at fault.
- Helping to value your claim.
- Collecting evidence on your behalf.
You can seek help with stalker data protection breach claims by contacting our advisors.
Do I Need To Report A Stalker Data Breach?
Yes, you should report any data breaches which give a stalker access to your personal data. The Information Commissioner’s Office (ICO) is Britain’s independent authority that upholds data protection laws. They can investigate any reports made to them and also issue fines to organisations that have breached data protection laws. If they investigate your data breach, you could use their findings as evidence in your claim.
However, you must make your report to the ICO within 3 months of the last meaningful communication you had with the organisation responsible for the breach. If you wait any longer, the ICO may refuse to investigate.
Additionally, you could also report the stalking and any evidence you have of this to the police for them to investigate separately from your data breach claim.
For more information on this, you can contact our advisors for free advice and guidance.
How Can Data Breach Claims Help Me?
Data Breach Claims could help by reviewing your case, connecting you to one of the No Win No Fee solicitors on our panel, and helping you to access support services. The solicitors on our panel understand the distress and anxiety that personal data breaches could cause. They will take the time to listen to your case and understand the support you need. Some of he expert services they could provide you with include:
- Explaining how the data breach claims process works.
- Communicating with the defending party regarding the claim.
- Providing you with regular updates on your case.
- Answering frequently asked questions you may have.
- Negotiating your compensation settlement to cover both your psychological and financial harm.
Your solicitor may also be able to provide these services on a No Win No Fee basis by using a Conditional Fee Agreement (CFA). This enables you to work with a solicitor without paying any upfront or ongoing service fees. It also means you will not be charged any solicitors’ service fees if you lose your claim.
If you win your case, your solicitor will deduct a pre-agreed ‘success fee’ from your compensation. There is a legal cap on the percentage of your data breach compensation which may be charged as this fee.
Contact Our Advisors To Get Started
Contact our advisors today for further information, advice, and to get started on the stalker data protection breach claims process.
- Phone us on 020 8050 6279.
- Talk to us live on our chat.
- Contact us using our form.
More Information
Here you can find more information on data breach claims:
- Here you can find more information on domestic abuse data breach claims.
- Learn about claiming compensation for distress here.
- Get help if your personal information was shared without consent here.
Resources:
- Find tips for staying secure online from the NCSC.
- See how to report a stalker at this government resource.
- Access help for domestic violence or other abuse using this NHS Resource.
Please contact our team for further help and advice on stalker data protection breach claims.