Learn How To Claim For A Personal Trainer Data Breach

A personal trainer may take a variety of different types of personal information. This could include your name and your contact details as well as medical information if you have had to give details of any illness or injuries to your personal trainer. If any of this personal data is breached it could have several consequences such as financial loss and/or psychiatric harm. If you meet the relevant criteria, you could potentially claim for a personal trainer data breach.

As you read our guide, you will find information on when you could claim data breach compensation, how a payout awarded after a successful claim is calculated, and what evidence could help support a claim.

Additionally, we look at the laws in place to protect your personal data and how a breach could occur causing you a financial or mental impact.

Finally, we look at how a No Win No Fee solicitor could help you claim data breach compensation without requiring upfront and ongoing costs for their work.

Call our team for more information about data breach claims. An advisor can assess your case and answer any questions you might have regarding claiming compensation. To get in touch, you can:

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When Are You Eligible To Claim For A Personal Trainer Data Breach?

Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, two parties have a responsibility to protect your personal data. This is any information that can be used to identify you.

A data controller is the party who decides how and when to process personal data and can process the data themselves if they don’t outsource the task to a data processor. The data processor is the party who carries out the processing of personal data for the data controller. In the case of a personal trainer, they are the data controller and must adhere to the UK GDPR and DPA 2018. A failure to do so is known as wrongful conduct which could lead to a personal data breach.

The Information Commissioner’s Office (ICO), the independent body set up to uphold the rights and freedoms of data subjects, defines a personal data breach as a security incident resulting in the confidentiality, integrity, and availability of your personal data becoming affected.

In order to claim for a personal trainer data breach, you need to prove:

  • A data controller or processor failed in their obligations to adhere to data protection laws.
  • Because of this wrongful conduct, a breach in which your personal data was affected occurred.
  • You suffered monetary damage and/or emotional damage due to the breach of your personal data.

Continue reading for examples of how a personal trainer data breach could occur due to wrongful conduct and the impact it could have. Alternatively, call our team to discuss whether you’re eligible to make a data breach compensation claim.

How Could A Personal Trainer Data Breach Happen?

As mentioned, personal data is any information that can be used to identify you, such as your name, email address, phone number, and banking details. There is also special category data which is more sensitive and requires extra protection, such as data concerning your health.

Examples of how your data could have been breached by a personal trainer could include:

  • Your personal trainer verbally discloses information regarding a medical condition noted down in your file. As a result, you experience anxiety and stress.
  • Your personal trainer sends information, such as invoices containing personal data, to the wrong person or wrong postal address. As a result, you experience a financial loss due to the breach of your banking details.
  • Your personal trainer incorrectly stores personal information, such as storing data in a unsecure way, losing data on a device, such as a memory stick or other human error. 

If your personal trainer has breached your personal data contact our team today. Or, read more of our guide to find out how much compensation you could claim and how to deal with a data protection breach that affected you financially and/or mentally.

A customer walking on a treadmill with a personal trainer standing next to them in the gym.

How Much Data Breach Compensation Could You Receive?

Compensation amounts for data breach claims vary depending on the unique circumstances of your case. Generally, though, if you make a successful claim you could be awarded a settlement which compensates for the non-material damage and material damage you have suffered due to the data breach.

Non-material damage is the psychological impact you have experienced due to the breach of personal data, such as anxiety, stress, distress, depression, and post-traumatic stress disorder. 

When calculating the value of non-material damage, reference can be made to the Judicial College Guidelines (JCG). This document contains guideline award brackets for different types of psychiatric harm.

Compensation Table

Figures in this table are provided for illustrative purposes only. The figures in the first row are not from the JCG.

Injury TypeSeverityCompensation Amount - GuidelinesNotes
Severe psychiatric harm and substantial financial losses SevereUp to £500,000+ Compensation awarded for severe mental harm as well as significant financial losses, such as loss of earnings.
Psychiatric HarmSevere (a)£66,920 to £141,240Claimants have serious problems in many parts of their life and have a very poor prognosis for the future.
Moderately Severe (b)£23,270 to £66,920Claimants have significant problems in areas such as work and personal life, but have a better prognosis.
Moderate (c)£7,150 to £23,270The affected person will have made a significant improvement and have a good prognosis.
Less Severe (d)£1,880 to £7,150Factors such as duration of suffering are taken into account when considering settlements.
Psychiatric Disorder
Severe (a)£73,050 to £122,850Claimants are permanently impacted across all areas of life such as work, personal and social life. They will be unable to function at anything approaching a pre-trauma level.
Moderately Severe (b)£28,250 to £73,050Claimants have a better prognosis with professional help. Despite this, the effects are still likely to cause a significant disability for the foreseeable future.
Moderate (c)£9,980 to £28,250Claimants have made a large degree of recovery. Whilst there may still be symptoms, these are not massively disabling.
Less Severe (d)£4,820 to £9,980A mostly full recovery is made within two years and there are only minor symptoms persisting over a longer period.

What Are Material Losses?

Material damage is the financial losses you have experienced due to the personal data breach. For example, the stress and psychological impact of a data breach could have led you to take time off work and lose income, earnings or workplace benefits. 

In order to claim for material losses you will need to provide evidence of your losses. Evidence may include payslips showing the impact on your income or bank statements showing other losses. 

Contact our team today for more data breach compensation examples and for a free valuation of your potential case.

What Could You Do After Suffering A Data Breach From A Personal Trainer?

There are several steps which you could take if you intend to claim for a personal trainer data breach. For example, you could gather evidence to substantiate your case, such as:

  • Any correspondence between you and your personal trainer which is applicable to the case. This could include a letter of notification informing you of the data breach, what personal data has been affected and what they intend to do to resolve the matter. Data controllers need to inform data subjects of a breach that has put their rights and freedoms at risk without undue delay.
  • Medical evidence. Visit a medical professional to get an assessment of your psychological injuries. This could help you to get any treatment you need and will also create more evidence to support your claim. 
  • A record of any financial losses. This can include bank statements, payslips, and invoices.
  • Findings from an ICO report. You could complain to the ICO if you haven’t had any response from the organisation. They may choose to investigate and any findings from this investigation could help strengthen your case.

Additionally, you could choose to instruct a specialist data breach solicitor to help you claim compensation. Our team could help you to connect with a solicitor from our panel who works on a No Win No Fee basis and specialises in personal trainer data breach claims.

Can I Claim For A Personal Trainer Data Breach With A No Win No Fee Solicitor?

If you are ready to make a data breach claim you may still have questions about how the process works. Questions could include, how do you find a specialist data breach solicitor? Are you limited to local solicitors and how much do solicitors take for their services when providing them under No Win No Fee terms? 

We work with a panel of solicitors who could offer their services nationwide through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement. If your claim is not successful under a CFA you will not be charged a success fee. If you are awarded compensation your solicitor will deduct a success fee. The amount, taken as a percentage of the award, is legally capped. 

Find out more about how a No Win No Fee solicitor could help you by contacting our team. To do so, you can:

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