We rely on our local councils for a range of essential services, including waste management, social care, housing, and education. Unsurprisingly, councils often require various types of personal data for the people they represent and provide services to. When that personal data is leaked, it can have serious consequences for those affected and lead to council data breach claims.
What You Need To Know
- If your claim is successful, compensation might cover the psychological and financial impact of the data breach
- You will need to provide evidence of the financial or psychological harm you suffered, such as medical reports and financial documents
- You will generally have up to 6 years to start a council data breach claim
- Councils may collect many different types of personal data, including home and email addresses
- An experienced No Win No Fee solicitor from our panel can help you navigate the process of claiming data breach compensation
At Public Interest Lawyers, our panel of solicitors pride themselves on providing a tailored service to those who wish to make a claim. Our friendly team of advisors also work meticulously around the clock to answer any questions potential claimants like you may have. For a free assessment today, please get in touch:
- Call us on 0800 408 7825
- Contact us by filling out our online form
- Use our free live chat feature
Frequently Asked Questions
- Can I Make A Council Data Breach Claim?
- How Much Compensation Could Be Paid For A Council Data Breach?
- How Will I Know If My Data Was Breached By The Council?
- Do I Need To Report The Data Breach To The ICO?
- What Types Of Personal Data Will The Council Hold?
- What Might Cause A Council Data Breach To Happen?
- How Do I Claim For Council Data Breach Compensation?
- No Win No Fee Council Data Breach Claims
- How Public Interest Lawyers Can Help
- Learn More
Can I Make A Council Data Breach Claim?
Yes, you could make a council data breach claim provided that you fulfil certain eligibility requirements. As such, you will need to show the following:
- A local council failed to fulfil the obligations set out by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. These data protection laws are the main pieces of legislation governing how the personal data of UK citizens is processed
- This failure by a local council led to your personal data being breached
- You suffered avoidable financial or mental harm, or both, as a consequence
The Information Commissioner’s Office (ICO), the UK’s independent regulator for data protection, outlines the definition of a personal data breach as information that can be used to identify someone, which is:
- Altered
- Destroyed
- Lost
- Accessed
- Otherwise disclosed without authorisation to do so
To learn more about the eligibility criteria for making council data breach claims, please contact one of our friendly advisors today.
How Much Compensation Could Be Paid For A Council Data Breach?
The amount of compensation that may be paid out for successful council data breach claims may depend on:
- Non-material damage: The psychological harm caused by a personal data breach, such as post-traumatic stress disorder (PTSD) and depression.
- Material damage: The financial loss suffered due to a data breach.
Your solicitor may use the Judicial College Guidelines (JCG) to assign a potential value to the harm you suffered. The JCG is useful in this respect because it pairs suggested compensation brackets with various kinds of harm, including those affecting a person’s mental health.
All rows in the table below, aside from the top one, have been taken from the JCG and concern both general psychiatric damage and PTSD. It must be emphasised that the brackets are merely guidelines and do not guarantee how much compensation you might receive in a successful claim.
| Harm | Guideline Compensation |
|---|---|
| Severe Psychological Damage and Material Damage, Such As Loss Of Earnings | Up to £250,000+ |
| Severe Psychiatric Damage (a) | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage (b) | £23,270 to £66,920 |
| Moderate Psychiatric Damage (c) | £7,150 to £23,270 |
| Less Severe Psychiatric Damage (d) | £1,880 to £7,150 |
| Severe PTSD (a) | £73,050 to £122,850 |
| Moderately Severe PTSD (b) | £28,250 to £73,050 |
| Moderate PTSD (c) | £9,980 to £28,250 |
| Less Severe PTSD (d) | £4,820 to £9,980 |
Can I Claim If The Data Breach Resulted In Material Damage?
Yes, you can claim compensation if the data breach you experienced resulted in material damage, provided you have sufficient evidence to support your case. If you have proof like invoices or payslips, you may be able to claim for:
- Loss of earnings
- Therapy if you suffered psychological harm due to the data breach, such as cognitive-behavioural therapy (CBT)
- The expense of relocating if you needed to move house because of the data breach
- Additional home security
If you’d like to discuss your situation or how to sue the council, please contact one of our friendly advisors today. They’re available 24/7, so you’ll always get a prompt response to your queries.
How Will I Know If My Data Was Breached By The Council?
In certain circumstances, you may find out that the council breached your data by notifying you about the security incident. Councils and other organisations are duty-bound to notify individuals affected by a data breach if there is a high risk to their rights and freedoms. They should then inform you without undue delay, with details including:
- Information on the breach and how it happened
- The likely impact of the breach
- An outline of the measures that have been taken (or the proposed actions) to address the breach
However, you may not always find out about a data breach in this way. The National Cyber Security Centre (NCSC) has advice on certain steps that can be taken if you suspect that your personal data has been compromised in a breach.
To share your own experience or to talk about council data breach claims in general, please reach out to one of our advisors today.
Do I Need To Report The Data Breach To The ICO?
No, you do not need to report a data breach to the ICO. However, it can be beneficial to make a complaint to the ICO, as any investigation launched can be useful evidence in council data breach claims.
Indeed, if you have reason to believe that your data was breached by a council but you haven’t received confirmation, you can still report it to the ICO yourself. While the ICO itself cannot award compensation, the organisation does have the power to issue fines for a breach if that is deemed appropriate.
Please note that in order to make a complaint, you will need to file your report within 3 months of the last meaningful contact that you had with the council responsible for the breach. The findings may provide insight into the failings of a local council and how they were responsible for the breach that compromised your personal data.
To find out more about the potential benefits of reporting a data breach to the ICO, please contact one of our helpful advisors today.
What Types Of Personal Data Will The Council Hold?
Local councils can hold many different types of personal data, including:
- Your name
- Your address
- Phone number
- Email address
- Council tax number
- Library or sports and leisure memberships
Additionally, councils may collect more sensitive information, referred to as special category data, that requires additional protections under the UK GDPR. That personal data might concern:
- Your sexual orientation
- Your health
- Your religious beliefs
- Your racial or ethnic origin
- Your membership of trade unions
To learn more about the various types of personal data councils may have and how they can be compromised, please contact our advisory team today.
What Might Cause A Council Data Breach To Happen?
There are numerous ways in which a council data breach can occur. Please see the following examples, and how they could lead to council data breach claims as a result:
- Despite having your correct information on file, human error leads to the council sending a letter to the wrong address with details of your disability and medical care. That results in you suffering severe anxiety.
- Your council fails to regularly check whether its cybersecurity software is up to date. Due to this, a cyberattack leads to a serious leak that affects a large group of people, including yourself. This failure leaves you distressed and means you have to invest in extra home security.
- Workers at a council-run library have not received training on data protection. Subsequently, a member of staff puts multiple letters containing payment information into the wrong envelopes. You suffer severe psychological harm due to your personal data being sent to the wrong person.
To discuss your personal data breach circumstances, please reach out to one of our friendly advisors at a time that’s convenient for you.
How Do I Claim For Council Data Breach Compensation?
To claim for council data breach compensation, it’s essential that you provide evidence that a local council failed to adhere to data protection laws. As previously mentioned, you will also need to showcase proof of any financial losses or psychological harm you suffered as a result of the breach.
Please see the following examples of evidence that our panel of solicitors have found to be beneficial for their clients:
- Medical records containing a diagnosis of the harm you suffered, such as depression or PTSD
- A notification letter or email from your local council confirming that the breach had occurred
- Financial documents relating to your losses
- The findings of an ICO investigation
Furthermore, you will generally have 6 years to make your council data breach claim. To start your claim and to find out how one of the solicitors from our panel could help obtain evidence for your case, please contact our helpful team of advisors at any time throughout the week.
No Win No Fee Council Data Breach Claims
Our experienced team of advisors work around the clock to answer any questions you may have about No Win No Fee council data breach claims. As part of the free services they offer, you could get a free case check to look at the merits of your claim.
If you have grounds to claim, you could be connected with one of the specialist data breach solicitors from our panel. By operating under a Conditional Fee Agreement (CFA), you could enjoy:
- No solicitor fees at the start of your claim
- No solicitor fees as your claim progresses
- No solicitor fees if your claim is unsuccessful
If you win, you’ll pay a small success fee for your solicitor’s services. This fee is a capped percentage of your compensation, ensuring you always get the bulk of what you receive.
To learn more about CFAs and how they can benefit your claim, please get in touch today.
How Public Interest Lawyers Can Help
Here at Public Interest Lawyers, we work with a panel of expert solicitors who know precisely how to help clients like you navigate the council data breach claims process. They’ve helped secure compensation nationwide and always offer a high-quality service tailored to the individual needs of their clients. That service comes with the following benefits:
- Explaining key terminologies and helping sign documents
- Providing regular updates to keep you fully informed about your claim and its progress
- Organising access to specialist support from psychologists
- Being the main point of contact with the defendant’s representatives, ensuring you can stay focused on your personal needs
- Negotiating a settlement that fairly reflects the harm you experienced
Contact Us
To learn more about council data breach claims, please contact our team of experienced advisors today. Get in touch:
- Call us on 0800 408 7825
- Contact us by filling out our online form
- Use our free live chat feature
Learn More
To read up on other personal data breach claims, please see some of our other guides:
- Get help with a gas company data breach claim
- Learn how to make a gym data breach claim
- See the following advice about how to make a credit card data breach claim
Additional external resources:
- Get advice on feelings and symptoms of stress from the NHS
- Discover how to make a complaint to the ICO
- See the top tips for staying secure online from the National Cyber Security Centre
Thank you for reading our helpful guide on council data breach claims.