Debt Collection Breach Of UK GDPR – Could You Claim Compensation?

Debt Collection Breach Of UK GDPR - Could You Claim Compensation?

Debt Collection Breach Of UK GDPR – Could You Claim Compensation?

If you have been affected by a debt collection breach of UK GDPR, you might want to know about the data breach claims process. In this guide, we’ll discuss if you could be eligible for compensation if debt collectors are responsible for a data breach that affects your personal data and leaves you suffering or at a loss.

We’ll also answer the following questions:

  • Does UK GDPR apply to debt collectors?
  • What is Personal Data?
  • What is legitimate interest?

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are pieces of legislation that set out the responsibilities of data controllers, organisations that determine the purpose for the collection of your personal data. A debt collection company will often process your personal data, as a data controller, therefore must abide by data protection laws.

Our advisors are available 24/7 to answer your questions on UK GDPR data breaches. Additionally, if they can see that your personal data breach claim has solid grounds and is likely to receive a settlement, they could offer to connect you to a solicitor from our expert panel. For more information, you can:

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A Guide To Debt Collection Breach Of UK GDPR 

Debt collection agencies rely on data in order to operate. Without your data, they cannot contact you to recover any monies that you might owe. Whilst you’re likely in no rush to agree to your details being passed onto debt collectors, sometimes your consent isn’t needed by businesses.

Under the principles of UK GDPR, your personal data may be processed as long as it is done so on a lawful basis done fairly and transparently. Your consent is only one lawful basis out of six that must be met in order for an organisation to be able to pass on your personal data.

When debt collectors use or process your data, they act as a data controller. Whilst a controller decides how your data is collected and used, the processor then processes your data on the controller’s behalf.

In order to have valid personal data breach claims following a debt collection breach of UK GDPR, you must be able to establish the criteria below:

  • The debt collection agency failed in its legal obligation to comply with data protection laws.
  • Your personal data was breached as a consequence
  • And you suffered harm, mentally and/or lost moneys.

To find out your eligibility to make a claim, our advisors offer a free consultation with no obligation. They could also help you with any queries relating to a debt collection breach of UK GDPR.

The Legitimate Interest Basis

In order for a data controller to be able to process your personal data, they must be able to satisfy at least one lawful bases. There are six in total;

  • Consent
  • Contract
  • Legal Obligation
  • Vital Interests
  • Public Task
  • Legitimate Interests.

If your personal data is processed for a legitimate interest, such as a finance company providing your personal details to a debt collector in order to retrieve the money that is owed, then as long as this reason overrides the interest of the customer in terms of balance of interest, this will not be considered a breach of data.

To find out if you could make a data breach compensation claim call our advisors today.

How Could Debt Collection Firms Breach Your Personal Data?

A data breach generally occurs in one of two ways accidentally through human error or a cyber security incident. We’ve included some common causes of data breaches below:

  • Due to poor cyber security systems, hackers are able to access your personal data stored in an organisation’s online files.
  • Paper-based records holding your personal information are disposed of with other rubbish rather than being securely destroyed, making them accessible to someone who isn’t authorised to access them.
  • A letter containing your sensitive data is sent to the wrong address, despite the debt collector having your correct address on file.
  • If employers unintentionally share your personal information while speaking in conversation with others.

Call today to see if you can make a personal data breach claim following a debt collection breach of UK GDPR.

Types Of Data That Could Be Impacted

The Information Commissioner’s Office (ICO) is the UK’s independent body that upholds data protection legislation. Data protection laws seek to ensure the security and confidentiality of personal data and special category data, which is a type of personal data of a sensitive nature.

Personal data includes:

  • Your name
  • Address
  • Date of birth
  • Email address
  • Phone number

When a business has a legitimate interest in sharing your personal data, the information above may be passed on to debt collectors.

If you are an employee, a debt collection agency might store special category data on you. For example:

  • Your racial or ethnic origin
  • Religious beliefs
  • Trade union membership information

If you are concerned that you have been affected by a debt collection breach of UK GDPR, you can call our advisors at any time to discuss your case.

What Could You Claim For A Debt Collection Breach Of UK GDPR?

There are two types of harm you might be compensated for in a successful personal data breach claim:

  • Material damage: Relates to financial losses inflicted by the data breach.
  • Non-material damage: Accounts for any psychological injuries caused by the data breach, i.e. post-traumatic stress disorder or anxiety.

Legal professionals may use the Judicial College Guidelines to help value the non-material damage head of your claim. Therefore, we have used the compensation ranges from the 16th edition.

Injury Compensation Range Notes
Severe Psychiatric Damage Generally £54,830 to £115,730 All aspects of your life are badly affected and you are unable to cope.
Moderately Severe Psychiatric Damage Generally £19,070 to £54,830 The impact of treatment on your prognosis influences the award within this bracket.
Moderate Psychiatric Damage Generally £5,860 to £19,070 Relationships in your life, including with your family and friends, may be affected. But there is a good overall recovery.
Less Severe Psychiatric Damage Generally £1,540 to £5,860 Sleep and daily life issues will be taken into consideration.
Severe Post-Traumatic Stress Disorder £59,860 to £100,670 You will not return to the way you were before the trauma began.
Moderately Severe Post-Traumatic Stress Disorder £23,150 to £59,860 Professional help may influence the prognosis and subsequently the award given in this bracket.
Moderate Post-Traumatic Stress Disorder £8,180 to £23,150 Despite minor symptoms, you are likely to recover.
Less Severe Post-Traumatic Stress Disorder £3,950 to £8,180 A recovery is expected within two years.

It’s worth noting that the above table only reflects what non-material damage you might be compensated for. If you are eligible to work with a solicitor from our panel, they would also take into consideration any material damage you have suffered to give you a more accurate compensation estimate.

No Win No Fee Claims Against Debt Collectors

If you have a valid personal data breach claim following a debt collection breach of UK GDPR, you might want to pursue compensation. It is wise to seek legal advice, but you may be worried about the costs. So why not choose a solicitor that operates on a No Win No Fee basis.

Under this type of arrangement, such as a Conditional Fee Agreement, you would be required to pay a success fee to your solicitor as a percentage of the compensation awarded to you if your claim won. If, for some reason, your claim failed you would not be required to pay the success fee.

If you think you would benefit from working with specialist data breach solicitors from our panel, you can get in touch with our team via the following ways:

Related Data Breach Claims

Before we conclude our guide on what to do following a debt collection breach of UK GDPR, we wanted to share some additional resources with you. We’ve also featured more of our guides that you may find helpful:

You might be ready to take action following a debt collection breach of UK GDPR. Get in touch, and we could help you.