Are you wondering about what steps you could take should a Green Party data protection breach occur, and your personal data is affected? In this guide, we will explain what a data protection breach is and how this could lead to a personal data breach.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) establish the rules for the collection and processing of personal data of UK residents. The Information Commissioner’s Office enforces this legislation as an independent body.
We will discuss this legislation, along with the criteria that the UK GDPR sets out for eligible claims. Following this, we will touch on how solicitors and legal professionals value settlement awards, as well as the types of compensation you may be able to claim following a personal data breach.
Our advisors can provide free legal advice and are available to answer any questions you may have about making a claim following a data breach. To get in touch:
Select A Section
- What Could Be Meant By A Green Party Data Protection Breach?
- How Could A Green Party Data Protection Breach Occur?
- What Data Could Be Involved?
- What Time Limits Apply To Data Breach Claims?
- Calculating Compensation For Personal Data Breach Claims
- Can No Win No Fee Lawyers Provide Advice Should A Green Party Data Protection Breach Happen?
Data controllers, those who will decide the means and purpose for the collection of personal data and data processors that may sometimes be used to process data on behalf of the controller, must adhere to data protection laws. If one of these entities were to breach data protection legislation causing personal data to be breached, they could be liable for the harm suffered by a data subject
A personal data breach is a security incident that affects your personal data and its availability, integrity, or confidentiality. Any information that could identify you, such as your full name, postal or email address, or date of birth, can be personal data.
Under the UK GDPR and DPA, data controllers and processors must follow certain steps when handling the personal data of UK residents.
The UK GDPR also gives guidance on who could be eligible to claim compensation following a breach. For example, you may be eligible to claim if:
- The data controller or processor breaches data protection.
- Your personal data was affected by the breach
- And, you suffer harm as a result.
Contact our advisors today to learn more about eligibility in personal data breach claims. Or, keep reading to learn more about the steps you could potentially take should a Green Party data protection breach occur.
There are many ways that a personal data breach can occur, ranging from human error to malicious cyber attacks. But, as we have already stated, you can only make a claim if the breach was a result of the data controller or data processor’s failings. For example, the failings of an organisation could lead to a personal data breach through:
- Data misdelivery: A letter containing personal data that is sent to the wrong address, despite having the intended recipient’s correct address on file
- Verbal disclosure: An employee may disclose personal data from a data subject’s files or records to an unauthorised party.
- Failure to use BCC: Failing to use the blind carbon copy (BCC) feature in an email allows multiple recipients to see each other’s email addresses, which can be a data breach.
Our advisors can provide free advice if a Green Party data protection breach occurs and affects your personal data.
Personal data, as we have already touched on, can include any information that identifies you. This can include information such as:
Organisations may also have access to your special category data. Special category data relates to any data that is considered ‘sensitive’, and therefore extra security measures should be taken by organisations to protect this information. Some examples of special category data can include:
- Your racial or ethnic origin
- Political information
- Philosophical or religious information
- Trade Union membership
- Biometric or genetic data
Below we look at the times limits that apply when beginning personal data breach claims.
There are time limits that apply to starting a personal data breach claim. However, these limits depend on who you intend to claim against. Generally, you will have six years to start a personal data breach. However, claims that are made against a public body must be started within one year.
Get in touch with our advisors to find out how time limits could affect your personal data breach claim. They can provide free legal advice, and can answer any further questions you may have.
You may be wondering how much you could claim should you make a successful personal data breach claim. Data breach compensation is divided into two heads of claim:
- Non-material damage: This addresses your psychological injuries following a personal data breach, such as anxiety and post-traumatic stress disorder (PTSD).
- Material damage: This relates to any financial loss you endure due to a personal data breach. For example, if your credit card details were exposed, this could lead to cybercriminals stealing money from your account or accruing debt in your name.
Below, you can find a table that illustrates figures from the 16th edition of the Judicial College Guidelines (JCG) in relation to non-material damage awards. This document contains a list of guideline compensation amounts for a number of illnesses and injuries, including injuries to your mental health.
|Severe Psychiatric Damage Generally
|£54,830 to £115,730
|There is a permanent and severe impact on the claimant’s ability to function in all aspects of life.
|Moderately Severe Psychiatric Damage Generally
|£19,070 to £54,830
|The symptoms are similar to the case above, though the prognosis is much better.
|Moderate Psychiatric Damage Generally
|£5,860 to £19,070
|The prognosis here is good, and this is demonstrated by an improvement in symptoms by the time of trial.
|Less Severe Psychiatric Damage Generally
|£1,540 to £5,860
|For this bracket, the length of time affected by symptoms and the way that daily activities such as sleep are affected are all considered.
|Severe Post-Traumatic Stress Disorder
|£59,860 to £100,670
|The severity of symptoms in this bracket makes the claimant unable to work and similarly unable to function in the manner that they would have before experiencing trauma.
|Moderately Severe Post-Traumatic Stress Disorder
|£23,150 to £59,860
|There is a chance for some recovery with the help of a professional.
|Moderate Post-Traumatic Stress Disorder
|£8,180 to £23,150
|While non-disabling symptoms may continue, there is a large amount of recovery achieved.
|Less Severe Post-Traumatic Stress Disorder
|£3,950 to £8,180
|A virtually full recovery has been achieved, though there are some minor symptoms that may continue.
Please keep in mind that these figures are guideline amounts only and not estimates of what you could receive. Our advisors can provide a free evaluation of your claim when you get in touch today.
Our panel of expert No Win No Fee solicitors provide legal representation through Conditional Fee Agreements (CFAs). Generally, you don’t pay anything to your solicitor at the start of your claim or throughout your claim with a CFA. The only fee you pay to your solicitor comes as a success fee, which is taken from your compensation if your claim succeeds. If your claim does not succeed, you do not pay this fee.
To check your eligibility to work with a data protection solicitor from our panel, get in touch with our advisors. They can evaluate your claim and answer any questions you may have. To get in touch:
Related Data Breach Claim Guides
For further resources surrounding personal data breaches and their effects:
More helpful articles:
- Employment Agency Data Breach Claims
- Can I Claim Compensation If My Data Is Breached?
- Am I Eligible To Make A Data Breach Claim?
For free advice should a Green Party data protection breach take place and your identifiable data is involved, contact our advisors today.
Article by EE