This guide will explain how to claim compensation for a data protection breach at a nursery. As parents and guardians, we trust nurseries and daycare centres to protect our children. In the digital age, this means protecting our family’s data privacy as well as keeping children physically safe.
This guide will provide nursery data breach guidance and explain when you can claim compensation for a breach of data protection. Contact our team of advisors today to find out if you could be eligible to claim. If they find that your claim is valid, they may connect you with a solicitor from our panel.
To learn more:
Select A Section
- A Guide To Claiming For A Data Protection Breach In A Nursery
- The NurseryCam Data Breach
- What Data Could A Nursery Collect?
- Time Limits To Claim For A Data Protection Breach In A Nursery
- What Could You Claim For A Data Protection Breach In A Nursery?
- Start Your No Win No Fee Claim
A data protection breach occurs when an organisation breaches data protection legislation. This can lead to a personal data breach, which is a security incident that affects the integrity, confidentiality, or availability of your personal data.
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), nurseries can be both data controllers and data processors, and this means they must comply with data protection law. Being a data controller means that they control what information they need and why. They may process this data themselves or hire a third-party data processor to do it for them.
Education Sector Data Breach Statistics
According to these reports, the education sector suffered 386 data security incidents in 2021. Of this number, 313 were cyber incidents, and 73 were non-cyber incidents.
To learn more about personal data breaches in the education sector or to start your claim following a data protection breach at a nursery, get in touch with our team today.
NurseryCam is a secure webcam system that allows parents and guardians to watch their children at their nursery via an online account. In 2021, the company was subject to a breach when hackers used a “loophole” to access customer data, including:
- Account usernames
- Account passwords
- Email addresses
NurseryCam states that they did not believe this breach resulted in any staff or children being watched through the service without their consent. However, they did report the breach to the ICO.
( Source: https://www.bbc.co.uk/news/technology-56141093 )
Examples Of Nursery Data Breaches
A nursery data breach of information can happen for a variety of reasons. For example, human error. A human error data breach can occur when an employee makes a mistake, for example, if a letter containing personal data is sent to the wrong address. However, some data breaches, such as cyber-attacks, are deliberate.
Not all personal data breaches can be claimed for. Read on to learn more about the criteria for claiming, or contact our advisors to find out if you can claim following a data protection breach at a nursery.
Personal data is information that could identify you. The kinds of personal data that a nursery may collect surrounding you or your child can include your:
- Full name
- Date of birth
- Email address
- Postal address
- Phone number
- Bank account details
- Credit card details
A nursery may also collect sensitive data, known as special category data. For example, the nursery may collect medical data concerning health if a child has a medical condition. Under data protection law, special category data needs added protections because of its sensitive nature.
If you would like to learn more about the kinds of data that could be affected by a data protection breach at a nursery, get in touch with our advisors today.
As we mentioned earlier, there are certain criteria in place for making a personal data breach claim. These include stipulations dictated by the UK GDPR and time limits for starting your claim.
Generally, there is six years to start a personal data breach claim. But, this becomes one year if the claim is to be made against a public body.
The UK GDPR also states that in order to make a personal data breach claim:
- The breach must include your personal data
- The data controller or processor’s wrongful conduct must lead to the breach
- You must experience harm as a result of the breach, either mentally or financially
To learn more about the criteria for claiming, get in touch with our advisors today. They can provide more information on how to claim compensation for a personal data breach.
If your claim for a data protection breach in a nursery succeeds, you could receive up to two types of damage: material and non-material damage.
Below, you can find a table consisting of example compensation figures for non-material damage awards. These figures are taken from the Judicial College Guidelines (JCG), which is a document that provides guideline compensation amounts to help legal professionals value claims.
|Type Of Injury
|All parts of the person’s life are impacted, and there is a very poor prognosis.
|Severe – £54,830 to £115,730
|Whilst symptoms are similar to the severe bracket, there is a more optimistic prognosis.
|Moderately Severe – £19,070 to £54,830
|There is a good prognosis due to the improvement of symptoms by the time of trial.
|Moderate – £5,860 to £19,070
|Consideration for this bracket is given to the length of time affected, and the effect symptoms have on sleep and other daily activities.
|Less Severe – £1,540 to £5,860
|Symptoms are permanent and significant, leading to no function or ability to work at the pre-trauma level.
|Severe – £59,860 to £100,670
|Whilst the injury has been severe, with professional help there could be a better prognosis.
|Moderately Severe – £23,150 to £59,860
|They have largely made a recovery, and if any symptoms are continuing, they are not grossly disabling.
|Moderate – £8,180 to £23,150
|The person has mostly fully recovered, and any ongoing symptoms past the 1-2 year marker are minor.
|Less Severe – £3,950 to £8,180
Material damage offers compensation for the financial impacts of a breach. For example, if your credit card details are compromised in a data protection breach at a nursery, this can lead to financial loss due to criminals stealing money from your account.
Our advisors can provide free legal advice and a free evaluation of your claim when you get in touch with our advisors today.
If you are interested in making a personal data breach claim, a No Win No Fee solicitor from our panel may be able to help. Using a Conditional Fee Agreement (CFA), a solicitor from our panel could provide you with legal representation, usually without paying them any upfront fees or ongoing costs. The only fee your solicitor receives with a CFA is a success fee in the event of a successful claim. If your claim is unsuccessful, you do not pay this fee.
To find out if your claim is eligible to be taken up by a solicitor from our expert panel, contact our team today:
Related Data Breach Claims
For more useful articles surrounding personal data breach claims, we recommend:
- Can You Claim Compensation For An Email Data Breach?
- Data Breach Compensation – The Essential Guide
- How To Claim For A CCTV Data Breach
Or, for further resources:
- ICO – Personal data breaches
- NCSC – Data breaches: guidance for individuals and families
- GOV – Data Protection: rights for data subjects
Thank you for reading our guide on how to claim for a data protection breach at a nursery.
Article by AH