Last Updated On 30th April 2026. In this article, we’re going to look at when misdirected fax data breach claims might be possible. While fax machines are not used as commonly as in the past, any personal information they transmit is protected by the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).
The General Data Protection Regulation (GDPR) is a piece of EU legislation that was introduced in 2018. In the same year, it was ratified by the DPA into UK law. Now that the UK has left the EU, the DPA has been updated. This and the UK GDPR is the regime we now refer to in relation to data protection in the UK.
These laws are designed to try and protect personal data. Many organisations have put measures in place to protect digital data. However, data that is not stored digitally must also be protected according to UK GDPR. This includes information that is sent through a fax machine.
Our advisors can review your claim for free and provide specialist legal advice about data breach claims. Where your claim is valid, we could pass it to a data breach solicitor.
If they agree to work on your case, they could offer their services on a No Win No Fee basis. That means you’ll not be expected to pay solicitors’ fees upfront and there won’t be any to pay if your case isn’t successful.
If you would like to discuss your options right away, please call our team of specialist advisors on 0800 073 8803 today, or get in touch via our online form. Alternatively, read more of this guide to learn about how to make data breach claims for misdirected faxes.
Select A Section
- What Is A Misdirected Fax Data Breach?
- Can I Claim Compensation For A Data Breach Caused By A Misdirected Fax?
- What Data Could A Misdirected Fax Data Breach Expose?
- The Central London Community Healthcare Trust Misdirected Fax Breach
- Misdirected Fax Data Breach Compensation Calculator
- How Can A Solicitor From Public Interest Lawyers Help Me?
- No Win No Fee Misdirected Fax Data Breach Compensation Claims
- Where Can I Find Out More About Data Breach Claims?
What Is A Misdirected Fax Data Breach?
A misdirected fax data breach is an incident where personal data is disclosed, lost, destroyed, altered or accessed in a way that does not align with data protection laws.
Personal data refers to any data that could be used to identify you. Examples of personal data include a person’s full name, personal contact number and postal address. Your personal data could be compromised if a fax is sent to the wrong person or if an unauthorised person accesses the information.
Read the next section to learn when you can claim misdirected fax data breach compensation. Our enquiries team is also available 24/7 to provide you with more information.
Can I Claim Compensation For A Data Breach Caused By A Misdirected Fax?
Yes, you can claim for a misdirected fax data breach if you have been harmed by a breach that was caused by an organisation’s failure to uphold data protection laws. The UK GDPR outlines 7 key data protection principles. This means that data handling must be:
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- Fair, lawful and transparent
- Accurate
- Accountable
- Stored with a limit
- Minimal
- Purposely limited
- Confidential and used with integrity
There are various ways in which these principles apply, and you can read an example of a data breach in a later section. In order to make a claim for a misdirected fax data breach, it is also important that you can prove how exactly you have been impacted. This can apply to the emotional impact that the breach has caused you, so you may have developed a psychological condition, or a pre-existing condition could have been exacerbated. You could also have a valid claim if you were financially affected by the breach of your personal data.
Data breach law can seem complicated, especially when sifting through all the information available online. Why not speak with one of our friendly advisors? They can give you straightforward answers and confirm whether one of our solicitors can represent you.
What Data Could A Misdirected Fax Data Breach Expose?
Any type of information that could identify you is protected by the UK GDPR. This is referred to as personal data. This covers information that can be used to identify you when combined with other data, as well as data that can be used in isolation to identify you.
A misdirected fax data breach is where a fax containing personal data is sent to the wrong recipient, resulting in a breach. A claim might be possible for such an incident if the error causes the data subject (the person to whom the data relates) to suffer.
This may happen if the fax contained information that could cause depression or anxiety if it was viewed by someone without authorisation. Similarly, you may be able to claim if criminals used the exposed information from a data breach and caused you to lose money.
What are some examples of personal data?
Personal data could include:
- Names, telephone numbers, address details.
- Banking details.
- ID numbers – patient number, employee number, National Insurance number etc.
- Email addresses.
Other personal data that might not identify you directly but could be used in conjunction with other information could include:
- Your race or ethnicity.
- Religious beliefs.
- Marital status.
- Any disabilities.
- Sexual orientation.
- Your gender.
If you believe information about you has been involved in a misdirected fax data breach, why not call today to find out your options? Our team of advisors will be happy to offer you free legal advice.
The Central London Community Healthcare Trust Misdirected Fax Breach
Earlier, we mentioned a data breach involving an NHS trust involving misdirected faxes. We’ll look at that in more detail here.
The breach led to a fine of £90,000 for the Central London Community Healthcare NHS Trust from the ICO. They referred to it as a ‘serious breach’.
The incident resulted in information about 59 patients being sent to the wrong recipient. This included details about their resuscitation instructions, domestic situation and their diagnosis.
The breach happened after an employee at a palliative care unit arranged for faxes to be sent to a nearby hospice. However, they failed to check that the faxes had arrived and therefore failed to notice that the wrong number had been used.
The NHS Trust has stated that they intend to appeal against the fine.
Source: https://www.bbc.com/news/uk-england-london-18145350
Misdirected Fax Data Breach Compensation Calculator
When it comes to claiming misdirected fax data breach compensation, your emotional and financial experience of the breach will be taken into account. This can be split into 2 parts, depending on how you have been impacted. The first of these is called material damage, which is what financial losses are referred to during the claims process. Examples of costs you can recover relate to:
- Therapy costs
- Relocation expenses
- Lost income
If you have been emotionally distressed by the breach, you can be compensated for this non-material damage. This covers a variety of psychological conditions that people experience after a data breach, such as depression, anxiety and Post-Traumatic Stress Disorder (PTSD).
When assessing non-material damage in misdirected fax data breach claims, legal professionals may use the Judicial College Guideline (JCG). This is a set of compensation guideline brackets based on different types and severities of harm.
We have included some JCG figures on psychological conditions in the table below. When reading these, please consider that they do not offer a guarantee of your compensation payout. This is because compensation is evaluated to reflect the unique experience of each claimant. Your experience of the data breach could be entirely different from that of another claimant.
Therefore, you may find it beneficial to speak with one of our advisors. They can assess the details of your case to provide you with a more tailored estimate. This is a great way to find out what aspects of your case would be taken into account for your misdirected fax data breach compensation. There is no need to pay for the service, as it is offered free of charge and does not require you to hire one of our solicitors.
Please note that the 1st figure does not come from the JCG.
| Claim | Grade | Compensation Bracket | Information |
|---|---|---|---|
| Multiple injuries and financial losses | Severe | Up to £500,000+ | Multiple instances of harm with costs related to therapy, relocation and lost income |
| Mental Harm | Severe (a) | £72,440 to £152,900 | The claimant probably won't respond well to treatment. As a result, they'll have significant issues with work, relationships and life in general. This will result in a very poor prognosis. |
| Mental Harm | Moderately Severe (b) | £25,190 to £72,440 | Initially, suffering will be at the same level as above. However, in this category, there will be a more optimistic prognosis. |
| Mental Harm | Moderate (c) | £7,740 to £25,740 | A good recovery will have already begun but the claimant will have suffered serious problems initially. |
| PTSD | Severe (a) | £79,080 to £133,000 | Returning to work and a normal level of functioning is unlikely. In this category, it's possible for the claimant's symptoms to be permanent. |
| Moderately Severe (b) | £30,580 to £79,080 | Professional support should allow the claimant to improve from their initially significant symptoms. | |
| Moderate (c) | £10,810 to £30,580 | The claimant will have already made a good recovery with few ongoing symptoms. |
How Can A Solicitor From Public Interest Lawyers Help Me?
One of our solicitors can help you by applying their years of legal training and experience to your claim for a misdirected fax data breach. They have represented many claimants in your situation, so they can anticipate what support you will need. You can expect to benefit from the following services:
- The solicitors at Public Interest Lawyers have decades of collective data breach claims experience, which allows them to know what general evidence will strengthen your case. They will also take the time to understand if you have any specific evidence that can support your claim. Additionally, they could help with notification letter/email recovery.
- Helping you to ensure that the misdirected fax breach is reported to any relevant authorities, such as the Information Commissioner’s Office.
- Connecting you with a psychiatrist who could help you cope with any emotional distress associated with the breach
- Handling correspondence on your behalf to ensure that all necessary information has been communicated
- Arguing for your misdirected fax data breach claim to reflect the different ways you have been impacted (financially and/or emotionally)
Don’t worry if you’re not sure about working with one of our solicitors at this stage. Our advisors are ready to tell you more about the work of our solicitors and the process for misdirected fax data breach claims.
No Win No Fee Misdirected Fax Data Breach Compensation Claims
One of our solicitors could help you to make a misdirected fax data breach claim on a No Win No Fee basis. This means that, by signing a Conditional Fee Agreement (CFA), you can expect them to represent you without charging fees for their work:
- Before making a claim
- As your claim progresses
- In the event that you do not receive misdirected fax data breach compensation
However, if you are compensated, you will need to pay a success fee. This is a percentage of the compensation that you pay to your solicitor. There is a legally fixed cap on this percentage, ensuring that you keep most of your compensation.
You likely have some questions that you want to ask before making any legal agreements. Our advisors are happy to answer your questions, free of charge. They can explain what factors would be covered by a compensation award and confirm whether one of our solicitors could represent your claim for a misdirected fax data breach.
- Call our team of specialist advisors on 0800 073 8803.
- Use our live chat feature to discuss your options online.
- Complete our online enquiry form so that we can get back to you.
Where Can I Find Out More About Data Breach Claims?
Human Error Data Breach Claims – Our guide on claiming if human error led to your data being breached.
Examples Of Data Breach Claims– This guide offers examples of situations in which you could claim for harm caused by a data breach.
Phishing Email Scams – Government advice on preventing data breaches caused by phishing emails.
Signs Of Anxiety – NHS guidance on how anxiety is spotted and treated.
Thanks for reading this guide about claiming following a misdirected fax data breach.
