Learn About Third-Party Data Breach Claims

With the rise of digital technologies, more people are gaining access to other people’s personal data. Often, this results in them suffering from psychological harm and financial losses. If this happened to you, read this guide to learn about third party data breach claims to be compensated for your suffering with the help of our panel of solicitors.

Key Takeaways

  • Personal data is specific information about yourself that identifies you as the data subject, such as your name, address and national insurance number.
  • The Information Commissioner’s Office (ICO) protects data rights and upholds data protection laws in the UK.
  • When data has been breached, processed personal data has been destroyed, lost, altered, disclosed, transmitted or accessed either accidentally through human error or unlawfully through criminality.
  • Data controllers (generally an organisation) decide why personal data will be processed (what is done to personal data, such as collecting, recording or storing) and how to go about this processing. They may instruct a data processor, such as a third-party vendor, to carry this out on their behalf.
  • You may be eligible to make a personal data breach claim if a data controller failed to adhere to data breach laws, breaching your personal data and causing psychological and/or financial suffering.
  • Our panel of data breach solicitors may help you claim compensation on a No Win No Fee basis.

To start your personal data breach claim today, get in touch with our advisors by:

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What Is Third-Party Data?

Third-party data refers to all of your personal data that is collected by the organisations who engage third-party suppliers, such as vendors, who use the data for purposes such as user feedback and business analysis.

However, with the rise of technology, the personal data stored by vendors is increasingly being breached by those participating in cyber attacks. This is what often causes third party personal data breaches that many people suffer from.

These attackers target the supply chain rather than going after the organisation itself. They may also be called ‘supply chain attacks’. The supply chain vendors may have insufficient or weaker security systems in place than the organisations they provide with services. We’ll look at examples later on.

Therefore, when organisations and third parties have access to your personal data, it is important for them to follow specific data protection laws, which are discussed further down in the guide.

Contact our helpful advisors to discuss third-party data breach claims and find out if you could be eligible for compensation.

What Are The Risks Of Third-Party Data Breach?

If a third party has breached your personal data, this may potentially have an array of consequences, such as:

  • Loss of privacy and confidentiality
  • Financial losses
  • Psychological injuries such as stress and anxiety
  • Reputational damage

Organisations are legally obliged to follow data protection laws such as the Data Protection Act 2018 and the UK General Data Protection Regulation (GPDR) to ensure your personal data is kept safe when processed. If they fail to adhere to such standards of protection, personal data is could become breached causing people to suffer both financially and mentally.

Contact our helpful advisors to start your third party data breach claim today.

What Is An Example Of A Third-Party Data Breach?

With the rise and power of technology, third party data breaches are rapidly increasing, inflicting financial losses and psychological suffering on many people.

Below are some examples third party personal data breaches:

  • You may have had your personal data breached in a cyber attack on the company that handles your home insurance purchased through your bank. Here, a data controller or processor may have failed to ensure appropriate cybersecurity measures, such as password protection for devices. This allowed hackers to gather and use your personal data. They may have stolen your identity and used it to access your bank account and steal money.
  • A payroll organisation may have sent your personal data to the wrong address or incorrect email. This allowed an unauthorised person access to your information, such as your national insurance number, email address, phone number and home address. This caused you to suffer distress.

If you have suffered from a third-party personal data breach, contact our team of friendly advisors today to find out if you are eligible to claim compensation.

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Who Is Liable In A Third-Party Data Breach?

If a third party has breached your personal data, this typically means that it was compromised by a third-party vendor.

If your personal details have been gathered by an organisation with your consent, those responsible for your personal data are referred to as data controllers.

However, your data may be transferred to third parties, such as vendors, for banking or payroll purposes. Those who now have control of your data are referred to as data processors, as they are responsible for processing your data on behalf of the controller.

If either a data controller or a processor fails to adhere to data protection laws and your data becomes breached, they may be held liable for the harm you suffered.

Contact our helpful advisors to learn more about who may have been liable for your personal data breach.

Can You Claim Compensation For A Third-Party Data Breach?

You may be eligible to claim compensation for a third party data breach if you meet the following criteria:

  • A data controller’s or processor’s wrongful conduct must have caused your data breach by failing to adhere to data protection law
  • It must have been your personal data that became breached
  • You must have suffered psychological harm, financial loss or both as a result of the personal data breach

If you want to pursue a third party data breach claim, you must also do so within six years of the security incident. Our advisors can give you more information on the claims time limit.

Get in touch with our friendly advisors to start your personal data breach claim today.

 

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What Compensation Can You Claim For A Third-Party Data Breach?

If a third party breached your personal data and this caused you to suffer psychological harm or financial losses, you may be entitled to compensation.

You can be compensated for your material damage (the financial harm suffered) and/or your non-material damage (harm to your mental health).

Data breaches may result in financial losses such as:

  • Loss of earnings
  • Relocation costs
  • Security costs
  • Therapy or mental help costs

If you are claiming material damage, you must provide evidence of the financial losses you incurred, such as payslips, bank statements and receipts. If you are having difficulty finding evidence, our panel of solicitors may help you obtain it.

Some examples of psychological harm a data breach may cause include:

  • Stress
  • Anxiety
  • Post-traumatic stress disorder (PTSD)
  • Depression

The amount you are awarded for non-material damage is typically calculated by a team that uses documents such as an independent medical assessor’s report and compensation guidelines provided by the Judicial College (JCG) to ensure your award is fair and accurate.

The table below provides examples from the JCG (except the top bracket) of potential compensation figures you may be awarded. However, they are only suggestive; you are not guaranteed these figures.

Injury Guideline CompensationExplanation
Significant Psychological Harm and Significant Financial Losses Up to £250,000 plusThe injured is experiencing the most serious psychological harm and significant financial losses.
Severe Psychological Harm£66,920 to £141,240The award is based on the person's ability to cope with life, education, work and relationships. It also considers their prognosis and medical attention.
Moderately Severe Psychiatric Damage£23,270 to £66,920Significant problems associated with the factors in the above bracket, but the prognosis is more optimistic.
Moderate Psychiatric Damage£7,150 to £23,270Problems associated with the factors in the above bracket, but the prognosis is more optimistic. Awards are typically given in the middle of the bracket.
Less Severe Psychiatric Damage£1,880 to £7,150This award is based on the period of psychological harm and how it affected daily activities and sleep.
Severe PTSD£73,050 to £122,850There will be permanent effects, preventing the injured person from working. All aspects of their life must have been greatly impacted for an award in this bracket.
Moderately Severe PTSD£28,250 to £73,050Similar impact to the above figure, but there is a better prognosis and professional help. However, there may be future psychological harm.
Moderate PTSD£9,980 to £28,250The injured person has mostly recovered. There may be continuing effects.
Less Severe PTSD£4,820 to £9,980The injured person would have mostly made a full recovery in one to two years; any other persisting symptoms are minor.

Contact our friendly advisors to start your third-party personal data breach claim today.

Pursuing Data Breach Claims With No Win No Fee Solicitors

Have you suffered from emotional distress or lost money because your personal data was breached? If so, you may be eligible to claim data breach compensation for your suffering.

We understand you may be worried because another person has accessed or destroyed your personal data. However, our panel of experienced data breach solicitors are here to support you and help you claim compensation. They can use their specialist skills to walk you through the claims process, contact third parties and negotiate settlements on your behalf.

Further, our panel of solicitors operate on a No Win No Fee basis so you do not need to worry about paying for the work they complete on your claim. Our panel offer these No Win No Fee services through a Conditional Fee Agreement (CFA).

After signing a CFA, if your claim is successful, our panel of solicitors will request a success fee. However, this will be taken as a small percentage of your compensation that is legally capped. On the other hand, if your claim is unsuccessful, you will not be required to pay our panel of solicitors for their work on your claim.

To start your personal data breach claim today, get in touch with our advisors by:

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More Information

Please access the following links to learn more about data breach claims:

References:

Thank you for reading this guide. We hope it helped you understand third party data breach claims.