If a potential Liberal Democrats data protection breach were to occur and affect your personal data, you might be wondering if you need to take any action. This guide will discuss how to deal with a data protection breach and what laws are there to protect your personal data.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) sets out how organisations should handle your personal data. These pieces of legislation also make it possible for you to claim compensation if you suffer harm due to a personal data breach that resulted from the failure of organisations to comply with data protection laws. The Information Commissioner’s Office (ICO) is responsible for upholding data rights and governs the adherence to data protection laws
Our team can provide free and relevant legal advice. If they find your claim to be valid, they could offer to appoint an expert data breach solicitor from our panel to your case. To have your questions answered:
Select A Section
- What Could A Liberal Democrats Data Protection Breach Be?
- Should A Liberal Democrats Data Protection Breach Occur What Could This Impact?
- How Long After A Breach Could You Still Claim Compensation?
- How Do Data Protection Breach Claims Work?
- How Much Could You Claim If Your Personal Data Is Breached?
- Can No Win No Fee Solicitors Help If A Liberal Democrats Data Protection Breach Happened?
A data protection breach could put personal data at risk. The two data protection laws we mentioned, UK GDPR and the DPA, protect personal data and special category data, which is personal data of a sensitive nature.
There are two main entities that are responsible for processing personal data; data controllers and data processors. Data controllers, which are the decision makers, are usually organisations that will state the means and purpose of processing personal data. While the processor may be hired or contracted to work for the controller to process the data. It is vital that both entities comply with applicable laws in order to keep secure the personal data they handle.
A personal data breach can affect the confidentiality, integrity, or availability of a data subject’s personal data. This can, in turn, cause those affected not only financial losses but also mental distress.
However, not all data subject’s that are affected by a data breach will be eligible under Article 82 of the UK GDPR to claim compensation. You must be able to satisfy the following key areas:
- The data controller or processor failed to comply with data protection law.
- This caused a data breach to occur, which involved your personal data, and
- You suffered distress, anxiety or depression and/or lost money/financial harm.
Information that can identify you is known as personal data. We will discuss this further in the next section. Contact our team for free legal advice on how to deal with a data protection breach.
Data subjects are individuals whose data is processed by data controllers. As we mentioned, data controllers are generally organisations or parties such as political parties, banks, building societies, employers, schools, universities any entity that decides how and why data should be processed. Very often, organisations need to collect and use personal data for operational purposes.
Personal data is processed information which could identify you. For example, personal data that could be processed by a data controller could include:
Special category data – this is personal data that is more sensitive in nature and needs added protections under data protection law can include your:
- Political views
- Sexual orientation
- Racial or ethnic origin
- Trade union membership details
If a Liberal Democrats data protection breach were to take place, and your personal data was affected, contact our team today to find out if there are any steps you need to take.
Typically, you will have six years to start a personal data breach claim. However, this time limit can be subject to change, depending on who you intend to make your claim against. For example, if you intend to claim against a public body, then the time limit will fall from six years to one year to start your claim.
For more information about how time limits can affect your claim, contact our advisors today. Alternatively, continue reading to find out if you could have a valid personal data breach claim.
As we have previously stated, Article 82 of the UK GDPR outlines the claiming criteria for personal data breach claims. To form the basis of a valid claim, the breach has to be a result of wrongful conduct, it must include your personal data, and you have to experience harm.
An organisation that suffers a breach which could affect your freedoms or your rights must report this to the ICO within 72 hours, and you must be informed without undue delay. Following notification of a personal data breach, you can complain to the organisation and request more information.
However, if they do not respond or the response you receive is not satisfactory, you can make a complaint to the ICO, but this must be done within three months of your last meaningful contact with the organisation.
Finally, you can seek legal advice to help you strengthen your claim. Our advisers can provide free legal advice and may be able to connect you with a solicitor from our panel.
If your personal data breach claim for compensation is successful, then you could receive two heads of compensation.
Material damage covers the financial impacts of a personal data breach. For example, if a breach compromises your bank account details or credit card details, this could allow criminals to accrue debt in your name or damage your credit score.
Non-material damage covers the psychological impacts of a personal data breach. Experiencing a breach can have a negative impact on your mental health and can lead to mental health injuries such as anxiety, distress, and depression.
In the table below, you can find guideline compensation figures that have been taken from the Judicial College Guidelines (JCG). The JCG often helps legal professionals, like solicitors, value personal data breach claims. It does so by providing guideline brackets for various injuries, both physical and psychological.
|Severe Psychiatric Injury
|£54,830 – £115,730
|There is a severe effect on the ability to cope with multiple aspects of life.
|Moderately Severe Psychiatric Injury
|£19,070 – £54,830
|While continuing symptoms are similar to the bracket above, there is a much more optimistic prognosis.
|Moderate Psychiatric Injury
|£5,860 – £19,070
|A good prognosis exists in this bracket, due to symptoms that show marked improvement.
|Less Severe Psychiatric Injury
|£1,540 – £5,860
|The impact on daily activities and sleep as well as the duration of the condition are taken into account.
|Severe Reactive Anxiety Disorder
|£59,860 – £100,670
|The severity of symptoms and impact on various aspects of life results in an inability to work or to function near the pre-trauma level.
|Moderately Severe Reactive Anxiety Disorder
|£23,150 – £59,860
|Professional help could improve the prognosis by giving a chance of some recovery.
|Moderate Reactive Anxiety Disorder
|£8,180 – £23,150
|Any remaining effects are not likely to be grossly disabling following a large recovery.
|Less Severe Reactive Anxiety Disorder
|£3,950 – £8,180
|A virtually full recovery is anticipated within a year or two, with only minor effects remaining.
Please note that these are guideline figures, just for non-material damage, not guarantees of what you could receive. Contact our advisers about claiming personal data breach compensation.
Our panel of No Win No Fee solicitors could help you through a Conditional Fee Agreement (CFA). A CFA is a contract both you and your solicitor sign. Generally, under a CFA, there are no upfront fees you need to pay for the solicitor’s service. The only fee you pay to your solicitor comes as a success fee if you succeed in receiving compensation. However, you do not pay this fee if your claim does not succeed.
For more information and free advice should a Liberal Democrats data protection breach occur and involves your personal data, contact our advisors. They can provide free advice and more information about how a solicitor from our panel could help you. Get in touch:
Related Data Breach Claim Articles
For more helpful data breach guides:
- Distress After A Data Breach By A Council
- Employment Agency Data Breach Compensation
- Data Breach Claim After Personal Data Was Sent To The Wrong Address
- GOV – Find out what data an organisation has about you
- NHS – Mental health
- ICO – Data security incident trends
For more information on what you could do should a Liberal Democrats data protection breach occur affecting your personal data, contact our team.
Article by EE