Could My Family Claim For A UK GDPR Breach If Our Personal Data Was Breached?

Family claim for a UK GDPR breach guide

Family claim for a UK GDPR breach guide

If your family’s data has been breached, you may be wondering if you could make a family claim for a UK GDPR breach. In this guide, we will explain who is eligible to claim, and how the personal data breach claims process works.

This guide also explains the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) and what steps you can take after a data breach.

If you have any further questions that may not be answered by this guide, our advisors are here to help. When you get in touch, they can offer free legal advice, and a free consultation in which they can help you identify whether or not your claim could be valid. Following this, they could connect you with a solicitor from our panel to help you get started. Get in touch to learn more by:

Select A Section

  1. What Is A Family Data Breach?
  2. How Could Your Family’s Data Be Breached?
  3. Who Can My Family Claim Against For A UK GDPR Breach?
  4. What Can My Family Claim For A UK GDPR Breach?
  5. Start Your Personal Data breach Compensation Claim

What Is A Family Data Breach?

A personal data breach can be defined as any security incident that allows the integrity, availability, or confidentiality of your personal data to become compromised. Personal data itself is any information that could identify you. This could be either when it is used alone, or when it is used in conjunction with other information.

Some examples of personal data could include your:

  • Full name
  • Email address
  • Phone number
  • Postcode
  • Postal address
  • Credit card details
  • Debit card details

Personal data also includes special category data, which is a kind of personal data that needs extra protection and security when it is collected and processed. This is because if this data is compromised, it could lead to discrimination.

Some examples of special category data could include your:

  • Religious or philosophical beliefs
  • Political views
  • Racial or ethnic origin
  • Sexual orientation
  • Health information

Read on to find out whether your family can claim for a UK GDPR data breach, or get in touch to learn more about who can make a personal data breach claim.

How Could Your Family’s Data Be Breached?

There are many ways that a personal data breach could affect the data of your whole family. For example:

  • Misdelivery of data: Your family’s personal data could be breached if plane tickets are sent to the wrong home address or the wrong email address, allowing a third party to access your data without permission.
  • Cyberattack: All organisations that process or store personal data must have adequate cybersecurity policies. If they fail to do so, this could result in cybercriminals stealing the personal data of you and your family.
  • Lost or stolen paperwork: For example, a social services data breach could occur if paperwork containing personal data about your family is lost on public transport or stolen.

However, it is important to note that not every instance of a personal data breach can form the basis of a valid claim. We will explain the criteria for claiming in the next section. If you would like to learn more about making a family claim for a UK GDPR breach, get in touch.

Who Can My Family Claim Against For A UK GDPR Breach?

You could potentially claim against a data controller or data processor. A data controller decides why and how your personal data is needed and used. The data processor then goes on to follow the controller’s instructions and processes the data.

You cannot make a claim on behalf of your whole family. However, if your children are under the age of eighteen or if they lack the capacity to claim for themselves, you may be able to claim on their behalf as a litigation friend.

As we mentioned in the section above, the UK GDPR sets out the criteria for valid claims under article 82. Under this legislation, to form a valid claim:

  • Your personal data must be affected by the breach
  • The breach must result from the failings of the data controller or processor
  • This must cause you to suffer harm

Please note that your claim must also be made within the correct time limit. Typically, you will have six years to start a personal data breach claim. But, if your claim is made against a public body, then you will only have one year to begin your claim.

To find out if your family can claim for a UK GDPR breach, get in touch with our team of advisors today.

What Can My Family Claim For A UK GDPR Breach?

You may be wondering how much compensation you could claim if your data has been breached. There are two areas of harm that you could pursue compensation for: these are material damage and non-material damage.

A data breach can cause serious psychological issues and emotional distress such as anxiety, depression or even post-traumatic stress. This is known as non-material damage. Below, we have constructed a table using figures from the Judicial College Guidelines (JCG) to give you a broad idea of what non-material damage compensation can potentially look like.

The JCG is a text that aids legal professionals when they value compensation claims. It does so by providing guideline compensation amounts that correspond with a number of injuries and illnesses.

Please note that this table contains guideline figures only, used by solicitors to help them value claims. The actual compensation you could receive may differ.

Injury Severity Bracket Notes
General Psychiatric Injuries (a) Severe £54,830 to £115,730

A poor prognosis is based on severe symptoms that affect the ability to cope with all aspects of life.
General Psychiatric Injuries (b) Moderately Severe £19,070 to £54,830

Symptoms in this bracket will be similar to those above, though the prognosis is more optimistic.
General Psychiatric Injuries (c) Moderate £5,860 to £19,070 By the time the case is heard at trial, symptoms have shown a marked improvement, which leads to a good prognosis.
General Psychiatric Injuries (d) Less Severe £1,540 to £5,860

This bracket considers the way symptoms affect daily life, and how long they last.
Post-Traumatic Stress Disorder (PTSD) (a) Severe £59,860 to £100,670

Severe symptoms permanently remove the ability to work or function at the same level as they would have before the trauma.
Post-Traumatic Stress Disorder (PTSD) (b) Moderately Severe £23,150 to £59,860

There is a better prognosis in this bracket due to the chance of some recovery taking place with professional intevention.
Post-Traumatic Stress Disorder (PTSD) (c) Moderately Severe £8,180 to £23,150 A large recovery occurs, and any symptoms that continue are not extremely disabling.
Post-Traumatic Stress Disorder (PTSD) (d) Less Severe £3,950 to £8,180 A virtually full recovery within a 24-month time frame and only minor issues persisting beyond this period.

You may also be eligible for material damage compensation. Material damage is the financial harm caused by the breach. For example, if your credit card details are stolen, this can result in fraudulent charges made in your name, and it could also result in damage done to your credit score. Or, if you suffer from psychological harm, this means you may need to take time away from work to recover. This, in turn, can lead to a loss of earnings, which can negatively affect your financial situation.

For more information on making a claim, get in touch with our team.

Start Your Personal Data Breach Compensation Claim

If you would like to make a personal data breach claim, get in touch with our advisors today. If they find your claim to be valid, they may put you in contact with an expert No Win No Fee solicitor from our panel. A solicitor from our panel may be able to help you with a Conditional Fee Agreement (CFA).

Generally, accessing legal representation through a CFA means you do not have to pay a fee to your solicitor for them to stair their work. Similarly, they won’t require any ongoing fees. The only fee you will typically be required to pay to your solicitor comes if your claim succeeds.

This success fee is taken directly from your compensation in the form of a legally-capped percentage. However, if your claim fails, you will not be expected to pay a fee to your solicitor for their work.

To learn more about how a solicitor from our panel may be able to help you, get in touch today by:

When Else Could You Make A Personal Data Breach Claim?

In addition to a family claim for a UK GDPR breach, the resources below relate to other claims:

Alternatively, you can find further resources below:

Thank you for reading our guide on whether or not your family can claim for a UK GDPR breach.

Article by EA

Publisher AA