Universal Credit Breach Of Data Protection – Could You Claim Compensation?

Universal Credit breach of data protection claims guide

Universal Credit Breach Of Data Protection – Could You Claim Compensation?

During this guide, we will discuss what could be meant by a Universal Credit breach of data protection and what this could potentially mean for the data that they process.

The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) are the leading pieces of data protection legislation for UK residents. They do not only provide you with rights in regard to your personal data they also allow organisations to be held accountable for causing harm when failing to comply with these regulations and provide a right to claim compensation in these instances.

To start a claim today or to find out if you need to take any steps should a Universal Credit data protection breach occur that involves your personal data, contact us for friendly, confidential and free advice by:

Select A Section

  1. What Could Be Meant By A Universal Credit Breach Of Data Protection?
  2. Who Could You Claim Against Following A Data Breach?
  3. What Do You Need To Show Before You Can Claim?
  4. What Personal Data Could Universal Credit Handle?
  5. What Could You Claim For Following the Breach Of Your Personal Data?
  6. Contact Our Team Should A Universal Credit Breach Of Data Protection Involve Your Personal Information

What Could Be Meant By A Universal Credit Breach Of Data Protection?

The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) protect data subjects’ personal data and personal data that is considered of a sensitive nature, known as special category data.

Personal data can be defined as any information that could be used alongside other details or on its own to positively identify you as a living person. Data controllers, generally a company or organisation that has control over the means and purpose of data processing, have to keep personal data safe according to data protection legislation. They can opt to have a third-party process such data; these are known as data processors who also must comply with all applicable laws.

The Information Commissioners Office (ICO) is an independent body set up to protect the data rights of the public. They have the authority to investigate and, if necessary, fine any organisation that fails to apply the UK GDPR and Data Protection Act 2018 laws in their activities.

What Is A Personal Data Breach?

A personal data breach can compromise the integrity, confidentiality and availability of personal data through a security incident. A breach can be an accidental human error or a deliberate, intentional act.

What Could Cause A Personal Data Breach?

Who Could You Claim Against Following A Data Breach?

Both data controllers and processors could be held liable for a personal data breach if the breach happened because they failed to comply with the principles of data protection laws. In order for these parties to process your personal data, they must be able to meet the criteria of one of the lawful bases that are set out in Article 6 of the UK GDPR. These include:

  • Consent
  • Contract
  • Legitimate interest
  • Legal obligation
  • Public task
  • And, vital interest

This means that if organisations do not have a lawful basis for processing personal data of a data subject, they are breaching data protection legislation.

Personal data breach claims can be brought when data breaches happen through accident action or unlawful means. In the next section, we look at what criteria must be met in order for you to have a valid data breach claim.

Government Sector Reported Data Security Incidents?

A data breach that affects the freedoms and rights of a data subject must be reported to the ICO within 72 hours after discovery. The ICO use these reports to provide the public with statistics. Reportable data security incidents are produced on its website.

Between the 2nd financial quarter of 2019/20 to the same quarter in 2021/22, there were 32,541 data security incidents. Of these, 1,152 were reported by Central Government, and 2,925 came from local government.

What Do You Need To Show Before You Can Claim?

To be eligible to make a personal data breach claim for compensation under Article  82 of the UK GDPR, you must be able to prove:

  • Those that had a responsibility to protect your personal data did not do enough to keep it secure according to data protection laws.
  • Your personal data was breached as a result of this non-compliance,
  • And consequently, you lost out financially, or your mental health suffered.

There is a 6 -year time frame to start a claim, but this can reduce to a year under certain circumstances when claiming against a public body. Talk to our advisors for advice on the steps you could potentially take should a Universal Credit breach of data protection occur that has involved your personal data.

What Personal Data Could Universal Credit Handle?

Personal data, as we have mentioned previously, is processed information digitally or physically that can be used independently or in conjunction with other data to identify a living person. This can include:

  • Name and address
  • Contact details like a mobile phone or email
  • Date of birth
  • National Insurance number
  • Bank information

Data protection legislation gives added protection to personal data of a sensitive nature; this is known as special category data and can include:

  • Health data
  • Ethnic and racial background
  • Sexual orientation

When applying for Universal Credit, they will need to process lots of your personal and personally sensitive data in order to provide you with the services they offer. However, any personal data that is processed must be kept secure in accordance with data protection legislation so a Universal Credit data protection breach does not occur.

What Could You Claim For Following A Breach Of Your Personal Data?

Non-material damage is the mental health conditions you have suffered from, such as stress, anxiety, depression and mental distress because of the data breach. There was a precedent case called Vidal-Hall and Others v Google Inc 2015, which enabled compensation to be awarded for non-material damage when not claiming any financial losses.

The table we have produced has taken bracket amounts from the Judicial College Guidelines JCG which is often used to calculate the value for pain and suffering as well as loss of amenities.

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Manner of Psychiatric/Psychological Injury JC Guideline Award Bracket and Severity Supporting Notes
Psychiatric Harm of a General Nature (A) Severe Degree – £54,830 to £115,730 Major impact on all areas of the person’s life such as work, education and personal relationships.
Psychiatric Harm of a General Nature (B) Moderately Severe Degree – £19,070 to £54,830 Long-standing and permanent issues but the prognosis is much more optimistic than the above category.
Psychiatric Harm of a General Nature (C) Moderate Degree – £5,860 to £19,070

 Significant symptoms similar to the ones described above but an improvement seen by the time of possible trial.
Psychiatric Harm of a General Nature (D) Less Severe Degree – £1,540 to £5,860 Awarded compensation will take into account the length the disability affected daily life.
Post-Traumatic Stress Disorder (PTSD) (A) Severe Level – £59,860 to £100,670 Severe and permanent affects that impact all areas of the claimants life.
Post-Traumatic Stress Disorder (PTSD) (B) Moderately Severe Degree – £23,150 to £59,860 Similar symptoms to the above category however after professional help there is room for some recovery.
Post-Traumatic Stress Disorder (PTSD) (C) Moderate Degree – £8,180 to £23,150 The claimant is largely recovered and any continuing effects are manageable.
Post-Traumatic Stress Disorder (PTSD) (D) Less Severe Degree – £3,950 to £8,180 A recovery that is near complete within 1-2 years and only minor issues persisting beyond this time frame.

These bracket amounts are merely guidelines. Due to the uniqueness of your case, different settlement amounts could be reached.

Material damage is the loss of finances or costs incurred as a result of the data breach. These can include; money stolen from bank accounts, fraudulent purchases made or other fraudulent activity that has affected your credit score.

Contact Our Team Should A Universal Credit Breach Of Data Protection Involve Your Personal Information

A No Win No Fee data breach solicitor could help with your personal data breach claim. Very often, solicitors will use a Conditional Fee Agreement, which is a type of No Win No Fee arrangement, when offering this type of funding arrangement. The agreements will generally state that there are no upfront fees needed for the solicitor’s service. Also, should the claim fail, there are no fees needed for the service. Successful claims will mean the solicitor will take a legally capped percentage from the amount awarded.

To find out more;

Data Breach Resources

We have provided some more of our guides on data breach claims:

Also, here are external resources you may find useful:

To conclude, should a Universal Credit breach of data protection involving your personal data occur, contact our team of advisors for free advice.

Article by EA

Publisher EC.