Can you imagine the problems that could arise if a letter containing personal information intended for you ended up at the wrong address? As you’ll learn in this article, you could make a wrong postal address data breach claim if you suffer psychologically or financially as a result of such a mistake.
Examples of postal data breaches include where your bank sends statements to the wrong person, the local authority sends a rent arrears demand to an incorrect recipient or, in a case we’ll look at later, where the Welsh NHS sent important medical advice to the wrong recipients.
To find out if you have a valid data breach claim, why not let us help? Our advisors can review your case on a no-obligation basis and you’ll receive free legal advice about your options.
If your case appears to be strong enough, we could connect you with a data breach lawyer from our panel. They have the experience and skills necessary to present a clear and concise case on your behalf. What’s more, they offer a No Win No Fee service for all accepted claims.
If you are ready to begin a wrong postal address data breach claim today, why not call us on 0800 408 7825? To learn more before calling, please continue reading.
How many people are affected by data breaches?
To give you some idea about how common wrong postal address data breach incidents are, we’ve provided a graph based on data from the Information Commissioner’s Office (ICO). The rules of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 mean that all notifiable data breaches must now be reported to the ICO.
These figures relate to some non-cyber security breaches reported to the ICO for the period 1st July 2021 to 30th September 2021. In total, there were 192 reports relating to data being posted (or faxed) to the wrong recipient.
Select A Section
- Is Sending A Letter To The Wrong Postal Address A Data Breach?
- How Do Wrong Postal Address Data Breaches Happen?
- The NHS Shielding Letter Data Breach
- Type Of Damages You Could Claim After A Postal Data Breach
- Wrong Postal Address Data Breach Damages Calculator
- Get Help With A No Win No Fee Data Breach Solicitor
- Talk To An Expert
- Where Could You Find Out More?
Is Sending A Letter To The Wrong Postal Address A Data Breach?
Sending a letter to the wrong postal address is likely to constitute a data breach if it contains any information that could be used to identify you and the party that sent it out had been given your correct address. However, to be eligible to make a wrong postal address data breach claim, you’ll need to demonstrate that:
- The breach occurred; and
- You were harmed financially or psychologically as a result; and
- The breach happened because of an organisation’s positive wrongful conduct.
As you can imagine, proving all of the above can be quite hard. For that reason, we would always advise that you take on legal representation if you do decide to claim.
Our panel of data breach solicitors offers No Win No Fee services for any claim they take on. That means you’ll benefit because of their legal expertise but won’t have to stress about the financial risks involved with funding a solicitor’s services.
Importantly, like other claims (workplace accidents; slips and falls; car accidents; etc), there are time limits for wrong postal address data breach claims. This can be either a 1-year or 6-year limitation period. Therefore, we’d advise you to act swiftly. To check how long you have to claim, please use live chat or call our advisors.
How Do Wrong Postal Address Data Breaches Happen?
Let’s take a look at how personal information can end up being sent to the wrong postal address.
Using The Wrong Postal Address
First, and most obviously, where an organisation has the wrong address for you, your letter will be sent to the wrong address. If you didn’t update your address with the organisation, they wouldn’t be at fault for sending the letter to the wrong address.
However, you may have updated them with your address. This could lead to a compensation claim if you suffer.
One of the principles of the UK GDPR is that personal data is kept up to date. Therefore, if a company hasn’t updated its records, despite you informing them of a change of address, and a data breach then occurs that impacts you negatively, you could make a claim. This could also be the case if the wrong address is stored because of a typing error or an IT problem.
Sending Multiple Letters To The Wrong Addresses
When an organisation is contacted by somebody to say they are receiving somebody else’s post, they should act. This might involve calling the intended recipient to ask for their new address. If they don’t, and letters keep getting sent to the wrong person, a data breach may have occurred.
Sending Multiple Peoples’ Letters In A Single Envelope
Another example is where one letter intended for one recipient is put into someone else’s envelope alongside someone else’s letter. This causes more than one letter containing personal information to be sent out to a single recipient without a lawful reason. This might be caused by human error or because an automated process has gone wrong.
The NHS Shielding Letter Data Breach
As mentioned at the start of this article, the Welsh NHS has been involved in a wrong postal address data breach recently. Reports suggest that around 13,000 letters were sent to the wrong address.
The letter intended to tell some of the most vulnerable patients in Wales to shield themselves during the Covid-19 pandemic. As well as being a data breach, the impact of not receiving the letter could have been potentially disastrous.
As a result, the Welsh NHS referred itself to the ICO.
Type Of Damages You Could Claim After A Postal Data Breach
The ICO advice on claiming compensation explains that you could claim for two damages if you’ve been harmed by a wrong postal address data breach. They are:
- Material damage. This covers any financial harm that you suffer because of the data breach. For example, if your bank sends letters to the wrong address, your details could be used illegally and you could lose money as a result.
- Non-material damage. This part of the claim focuses on any distress, anxiety or other mental harm.
Importantly, claims need to focus on any harm you’ve already suffered plus any that might occur in the future. To help establish this, a medical assessment will be needed during the claims process if you’re claiming for psychological suffering. If an independent medical expert suggests you’ll suffer from anxiety, for example, in the future, this will need to be factored into your claim.
Our panel of solicitors understands the claims process in detail. If your claim is accepted, they’ll work with you to get a full understanding of how you’ve suffered. To find out if you could claim for a wrong postal address data breach, please get in touch today.
Wrong Postal Address Data Breach Damages Calculator
When the Court of Appeal heard the case of Vidal-Hall and others v Google Inc , they moved away from previous rulings. It held that compensation for mental harm caused by a data breach can be claimed for regardless of whether the claimant has also lost money or not. Previously, this was not the case.
Separately, in the case of Gulati & Others v MGN Limited , the Court ordered that settlement amounts for psychiatric injuries should be determined in the same way as in personal injury claims.
Possible compensation figures are listed in the Judicial College Guidelines. Legal professionals use these guidelines when valuing injuries. Therefore, we’ve used the same figures in our compensation table below.
|Condition||Severity||Settlement Bracket||Extra Guidance|
|Psychiatric Damage - General||Severe (a)||£51,460 to £108,620||The claimant will have serious problems and be affected badly by the following factors: coping with life and work; managing relationships; treatment is unlikely to help; being vulnerable in the future. There will be a very poor prognosis.|
|Moderately Severe (b)||£17,900 to £51,460||There will be a more optimistic prognosis but the claimant will have experienced many of the symptoms listed above.|
|Moderate (c)||£5,500 to £17,900||A good amount of recovery will have occurred but the claimant will have suffered significantly.|
|Post-Traumatic Stress Disorder||Severe (a)||£56,180 to £94,470||Permanent symptoms with no possibility of work or returning to previous way of life.|
|Moderately Severe (b)||£21,730 to £56,180||Significant problems but, with professional help, the claimant should see some recovery.|
|Moderate (c)||£7,680 to £21,730||Mostly, the claimant will have recovered. Some symptoms may persist though.|
Get Help With A No Win No Fee Data Breach Solicitor
Our panel of solicitors provides a No Win No Fee service. This means you can get access to legal representation without the risk of losing money on solicitor’s fees if the case loses.
After your case has been reviewed, you’ll be sent a Conditional Fee Agreement (CFA) if the solicitor accepts your case. (This is another term for No Win No Fee agreement.) This shows you what will need to be achieved before you need to pay any solicitor fees.
A success fee will be deducted from the compensation if your claim is won. However, you don’t pay this fee if your claim fails. So that you cannot be overcharged, success fees are capped by law.
Talk To An Expert
Are you ready to begin a wrong postal address data breach claim? If so, why not contact us by:
- Calling our advisors on 0800 408 7825?
- Using our contact form to arrange a call from an advisor?
- Connecting with an advisor in live chat?
Where Could You Find Out More?
In this final section of our guide on wrong postal address data breach claims, we have listed some more useful resources for you.
ICO Complaints – Information on when to contact the ICO about a data breach.
About Anxiety – Information relating to the types of anxiety that people suffer from.
Mental Health – NHS advice on what support is available for mental health conditions.
Wrong Email Address Claims – Advice on claiming for breaches caused by email address mistakes.
Human Error Claims – Information on how to claim if a human error results in a data breach.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Thanks for reading our guide about wrong postal address data breach claims.
Article by RA