Our guide will explore claiming data breach compensation following a gym data breach. You may be aware that data protection laws require certain parties to protect your personal data. We look at these laws in more detail and explain who could be eligible to seek compensation for any financial and emotional harm caused by a breach if these laws aren’t adhered to.
In the following sections, we give some examples of how a failure to comply with data protection laws (known as wrongful conduct) could lead to a breach of your personal data. After this, we explain the steps you could take to build your claim such as collecting evidence. In addition to this, we explain what amounts might make up your settlement if the claim is a success.
Our final section explains how the solicitors on our panel could help you launch your claim for compensation after a data breach by a gym via a version of a No Win No Fee agreement.
If you would prefer to call our team right now, an advisor can discuss your potential claim and offer free guidance. To reach them, you can:
- Call on 0800 408 7825 at any time that suits you.
- Use the ‘Contact Us‘ option online.
- Start a conversation via the live chat feature below.
Jump To A Section
- Can You Claim For A Gym Data Breach?
- How Could A Gym Data Breach Occur?
- What Could You Do If Your Personal Data From A Gym Has Been Involved In A Data Breach?
- What Potential Data Breach Compensation Could You Receive?
- Claim For A Gym Data Breach Using A No Win No Fee Solicitor
- Read More About Making Data Breach Claims
Under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), certain parties have an obligation to protect your personal data. These parties are referred to as data controllers (who decide when and how your data is processed) and data processors (who process the data on the controller’s behalf). A data controller may process the data themselves so this task is not always outsourced to a processor.
Data protection laws are enforced by an independent watchdog called the Information Commissioner’s Office (ICO). Any failure to comply with data law means it could lead to a personal data breach. The ICO describes this as a security incident that impacts your personal data’s confidentiality, integrity and availability.
Personal data is information that can be used on its own or in conjunction with other details to identify you. This covers details such as your name, postal address, date of birth, mobile number and email address. There is also special category data which is more sensitive. This requires a higher level of protection and can include date about health, sexual orientation, ethnicity and racial origin, and biometric data where used for identification purposes.
To be eligible to make a gym data breach claim, you must be able to show that the following occurred:
- There were failings by the controller or processor to protect your personal data as per the DPA and UK GDPR.
- As a result of their wrongful conduct, your personal data was breached.
- Because of this, you suffered financial loss and/or mental harm.
In the following sections, we provide some examples of how this might happen in a gym. If you have any questions or queries so far, please get in touch with an advisor on the number above for free information.
There are several ways a gym data breach could occur. For example:
- Sensitive data relating to your health is forwarded to the wrong email address despite the gym holding the correct contact details for you on file.
- Gym membership information, including your payment details, was posted to the wrong postal address in human error. This allowed others to access money from your account.
- Your credit and debit card information was not disposed of correctly in the gym, which allowed unauthorised person to gain access to it and commit fraud.
Each of these instances could impact the affected party financially and/or psychologically. For example, the breach of sensitive data could lead to stress, distress, or anxiety. Additionally, if bank details are compromised it could lead to money being stolen from your account or loans taken out in your name.
If you have been affected by a data breach at a gym that compromised your personal data, call our team to find out whether you’re eligible to pursue compensation.
You can take various steps after a gym data breach to help support a claim. For example:
- Collect all correspondence between the gym and you about the data breach. If a data breach has the potential to put your rights and freedoms at risk, the organisation has to tell you without delay from the time they discover the breach. Typically, this is done by sending a letter which should detail that a breach occurred and what data was affected. You can use this as supporting evidence.
- Keep a record of any psychological injury you have experienced because of the data breach. This can include GP and specialist reports, as well as a diary of your own symptoms.
- Collect proof of all financial losses related to the breach, such as bank statements and wage slips.
Organisations are obliged to inform the ICO of breaches that meet the reporting threshold within 72 hours of discovering the incident. You can also raise a concern with the ICO yourself if you haven’t heard from the organisation after contacting them. Although the ICO cannot pay compensation, they can conduct an investigation, the findings of which could be used as evidence to strengthen your case.
Please feel free to contact an advisor using the number above for more information on steps you could take after a gym data breach.
If the outcome of your data breach claim is successful, compensation for two different types of damage can be included in the settlement. You could receive an amount for non-material damage which refers to the psychological damage caused by the gym data breach. This can be anxiety, depression, general stress or more severe issues such as post-traumatic stress disorder (PTSD).
Those involved in applying a value to non-material damage are able to refer to the Judicial College Guidelines (JCG) for help. This document contains guideline compensation brackets that relate to different physical and psychological injuries.
Guideline Compensation Table
Below is a selection of figures from the JCG. However, please bear in mind that these are guide figures only.
|Type of Harm
|Degree of Severity
|Award Bracket Guidelines
|Psychiatric Damage Generally
|A very poor prognosis with significant problems affecting all parts of the person’s life, such as work and relationships.
|£54,830 – £115,730
|(b) Moderately Severe
|Significant problems that impact multiple areas of life but a more positive prognosis is indicated.
|£19,070 – £54,830
|Good level of improvement made and a good prognosis is indicated.
|£5,860 – £19,070
|(d) Less Severe
|Award is influenced by the length of illness and the extent to which they were impacted.
|£1,540 – £5,860
|Post-Traumatic Stress Disorder (PTSD)
|Permanent and negative impact across all areas of the person’s life. There is an inability to function as they did prior to trauma.
|£59,860 – £100,670
|(b) Moderately Severe
|Significant level of disability for the foreseeable future but a better prognosis is indicated after professional help as well as some recovery.
|£23,150 – £59,860
|A large recovery is seen with any ongoing symptoms not being significantly disabling.
|£8,180 – £23,150
|(d) Less Severe
|On the whole a mostly full recovery is made within a 2 year period and symptoms that persist beyond this are minor.
|£3,950 – £8,180
Claiming For Material Losses
Your settlement could also include compensation to address material damage. This refers to the financial impact caused to you by the personal data breach at the gym. For example:
- Credit and loans taken out in your name.
- Fraudulent purchases made on your debit or credit card.
- Loss of earnings because of time needed off work to deal with stress.
It is necessary to present proof of these losses, such as credit score reports, bank statements, and payslips.
Contact an advisor on the number above for more information on how compensation for a data breach is valued in successful claims.
At Public Interest Lawyers, our advisors start by offering a cost-free assessment of your claim. If eligible, they can connect you with one of the solicitors from our panel who provide expert services under a type of No Win No Fee agreement. The particular contract they offer is called a Conditional Fee Agreement (CFA), the terms of which typically mean there are:
- No upfront fees for the solicitor to start work on your case.
- No fees to pay for the solicitor’s continued work as the claim moves forward.
- If the claim fails, no fees for completed work by the solicitor.
Should your data breach claim have a positive outcome, a legally limited percentage is deducted from your compensation. This is the solicitor’s success fee but because the percentage they can take is capped, you receive the bulk of your settlement.
To access more free guidance about your potential gym data breach claim, please contact an advisor by:
- Calling on 0800 408 7825
- Using the ‘Contact Us‘ option online.
- Starting a conversation via the live chat feature below.
You can find more of our data breach claims guides below:
- Read more about the definition of a data breach in this guide.
- Some other examples of data protection breaches that you could claim for.
- Find out how to report a data breach and how long you have to do so.
Also, please find some external resources:
- Read details about how to make a complaint to the ICO.
- Helpful tips for staying safe online from GOV.UK.
- The National Cyber Security Centre offers advice for individuals and families about data breaches.
Thank you for reading this guide on claiming for a gym data breach. For any other questions, please reach out to our team of advisors via the contact details listed above.