Criminal Solicitors Breach Of Data Protection – Could You Claim Compensation?

Criminal Solicitors Breach Of Data Protection - Could You Claim Compensation?

Criminal Solicitors Breach Of Data Protection – Could You Claim Compensation?

This guide will look into if criminal solicitors breach data protection, can those affected make a personal data breach claim. Not all data breaches can be valid claims. However, we will discuss what you must demonstrate to be eligible for compensation.

In data protection, multiple pieces of legislation are in place to keep your personal data safe. We will explore these further in this guide alongside examples of personal data breaches. When starting the claims process, it is important to have an understanding of what your claim is worth. This guide outlines compensation brackets that may relate to your claim.

Most importantly, we will discuss No Win No Fee claims and how working with a solicitor can strengthen your claim. To learn more, continue on with this guide or reach out to our advisors:

Select A Section

  1. A Guide To Criminal Solicitors Breach Of Data Protection Claims
  2. How Could Criminal Solicitors Breach Your Data Protection?
  3. Types Of Data Which Could Be Breached
  4. Processing Criminal Data
  5. Could You Claim Compensation For Criminal Solicitors Breach Of Data Protection?
  6. No Win No Fee Claims Against Criminal Solicitors

A Guide To Criminal Solicitors Breach Of Data Protection Claims

The Information Commissioner’s Office (ICO) is an independent public body brought in to protect the rights of you, the data subject. They also hold data controllers, organisations that will process your data, accountable for personal data breaches they are liable for. 

In the UK, central legislation is in place to ensure that your personal data is kept safe and secure. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) protect any data that can identify you, even when data is used in conjunction with other data.

A personal data breach is a security incident that means the loss, alteration, duplication, verbal disclosure or unauthorised access of personal data either accidentally or through deliberate actions. 

Organisations that have control over what they do with your data and how they process it are known as data controllers. Data controllers can choose whether they process the data themselves or outsource it to data processors. 

In order to claim compensation after a personal data breach, you must be able to demonstrate how the data controller or processor is liable for the breach. Not all data breaches will mean those who are harmed by it can claim compensation. 

How Could Criminal Solicitors Breach Your Data Protection?

There are various ways for your personal data to be breached. For example:

  • Hacking: Criminals can exploit weaknesses in a law firm’s cyber security to access your personal data or criminal record. They can use this information for blackmail or identity theft.
  • Human Error: Unintended actions from a solicitor can lead to unauthorised people viewing your data. This can occur when emails are sent to the wrong email address, the wrong postal address is used or sent to the wrong fax.
  • A solicitor verbally discloses a client’s personal details to those who have no authority to know them.

The ICO collated statistics on data security incidents for the financial Q4 2021/22, which shows that 2,172 data security incidents were reported to them. Of these, 1,696 incidents were non-cyber related, which can include loss or theft of paperwork and verbal disclosure of personal information. A further 476 cases were cyber-related, including malware and phishing. The legal sector reported 141 data security incidents. 

We have guides available showing data protection breach examples that may provide assisting information for questions on criminal solicitors breach of data protection.

Types Of Data Which Could Be Breached

Data protection legislation protects personal data. This is processed information that can either identify you alone or in conjunction with other data. This can be your name, address, phone number or email address. However, such legislation also protects a type of personal data that is more sensitive, called special category data. This can be information to do with your health, religious belief and Trade Union membership. Special category data is given added protection.

In addition, criminal offence data is also given added protection. This is data relating to criminal offences, convictions and related measures. Offenders or suspected offenders in the context of criminal activity, investigations, proceedings and allegations are all covered.

Get in touch for a free no-obligation consultation of your claim.

Processing Criminal Data

Criminal data or offence data must be processed in a specific way that can vary from other forms of personal data. Data in this category must be handled with greater care according to Rectical 75 of the UK GDPR. This is because it can open up opportunities for discrimination and infringe on a persons fundamental rights. 

Data controllers can only process criminal offence data in the following ways:

Contact us today for free legal advice on making a data breach claim against a solicitor.

Could You Claim Compensation For Criminal Solicitors Breach Of Data Protection?

To make a successful personal data breach claim for compensation, the data controller or processor must be liable for the breach. Personal data must have been breached, and compensation will only be awarded when you have suffered emotional distress or financial loss.

When making a data breach claim, you can claim either or both of the following:

Material damage: Includes all financial losses as a result of the data breach, such as money transferred from your bank account and effects on your credit score affecting future purchases.

Non-material damage: Relates to any emotional distress caused by the data breach, including Post-Traumatic Stress Disorder (PTSD) and anxiety.

We’ve included a table below highlighting some compensation brackets from the Judicial College Guidelines (JCG). Legal professionals use the JCG to value claims.

Injury Damages Description
Severe Psychiatric Injury £54,830 – £115,730 The injured person will struggle to cope with life, education and work with future vulnerability
Moderately Severe Psychiatric Injury £19,070 – £54,830 Cases are much more optimistic than above, though the person will still suffer extensively with every day life.
Moderate Psychiatric Injury £5,860 – £19,070 There is marked improvement and a good prognosis.
Less Severe Psychiatric Injury £1,540 – £5,860 Daily activities and sleep are affected.
Severe PTSD £59,860 – £100,670 Permanent effects will prevent the injured person from returning to work or functioning at a pre-trauma level.
Moderately Severe PTSD £23,150 – £59,860 Prognosis is better than above with professional support, though disability will remain in the future
Moderate PTSD £8,180 – £23,150 Continuing effects will not be grossly disabling with recovery possible.
Less Severe PTSD £3,950 – £8,180 Most recovery is completed within one or two years with only minor symptoms persisting.

Please be advised that the above compensation brackets are a guideline. Contact our advisors today for a more accurate summary of what data breach compensation you may be eligible for.

No Win No Fee Claims Against Criminal Solicitors

No Win No Fee agreements allow you to fund legal representation without any upfront costs. There are also no solicitor fees to pay for the duration of your claim or if you’re unsuccessful in receiving a settlement.

There is a legally capped success fee to pay your No Win No Fee solicitor at the end of a successful data breach claim. This percentage is taken from your settlement total. It is never more than 25%. 

Contact us today. Our advisors can connect you with a solicitor if they believe your claim has a chance of success. For more questions, should your personal data be breached due to a  criminal solicitors breach of data protection, connect with us by:

Related Data Breach Guides

We’ve included some external links that may assist you with your case:

You can also view more of our guides relating to data breaches here:

If you have further questions regarding claims should your personal data be breached after criminal solicitors breach data protection law, call our team for advice.