How To Claim For A Foster Care Data Breach

How To Claim For A Foster Care Data Breach

How To Claim For A Foster Care Data Breach Guide

Those who are in foster care are generally vulnerable children who have been taken from their family home because the conditions are unsafe. The information held about them needs to be kept secure and private to protect their safety. If a foster care data breach were to occur this could put already at-risk children in more danger. 

Foster care offers a safe and temporary home for children and vulnerable young people. There are many reasons why a child or young person would be placed into foster care. It could be due to neglect, abandonment, physical or emotional abuse or parent illness. 

This guide will look at if people can sue for stress caused by a foster care data breach. It will look at how these data breaches could happen, what personal and sensitive data could be involved, and the harm the person could have suffered. 

There will be some terms throughout this guide that you may not be familiar with. These terms are data subject, the data controller and data processor. 

  • The data subject is a term used to describe the individual whose data is being processed. 
  • A data controller is an organisation that collects personal data and sensitive information and determines how it is processed. 
  • A data processor is responsible for the processing of personal and sensitive data. 

For more information about foster care data breaches, then get in touch with us: 

Select A Section

  1. What Is A Breach Of Foster Care Data?
  2. Data Associated With Foster Care
  3. Examples Of Foster Care Data Breaches
  4. How To Make A Foster Care Data Breach Claim
  5. What Could You Claim For A Foster Care Data Breach?
  6. Claim For A Foster Care Data Breach Today

What Is A Breach Of Foster Care Data?

When a data breach occurs it can be a difficult situation and can lead to stress and anxiety. A personal data breach involves a data subject’s personal information being involved in a security incident that could mean it has been disclosed, stolen, lost, or accessed without authority, altered or destroyed. 

Social services and the local councils will hold information regarding those who are in foster care. Lots of this information will be personal or sensitive both of which is protected by data-protection laws and must be kept secure at all times. When this data is breached it can mean that those who have no authority to access it are able to view it. This could put endangered foster children in even more danger if personal information about them is breached.

There are time limits when it comes to making a personal data breach claim. It is, usually, 6 years, 1 year if it involves a public body. The time limits may differ for those under the age of 18. 

When you are ready to discuss a data breach claim, don’t hesitate to contact us. Our advisors can review cases for free and go into detail about your legal options. 

Data Associated With Foster Care

Data protection laws protect processed data that is either personal information or special category data which needs even more protection. Below there is a list of what is considered personal data: 

  • Date of birth
  • Full name – including first, middle and last names
  • Home address
  • Email address 
  • Contact details 

Sensitive or special category information that could also be collected: 

  • Medical information
  • Gender information
  • Data from images 
  • Political and religious beliefs 

All personal data about a data subject are protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). 

The UK GDPR works with the Data Protection Act 2018 to protect the personal data of United Kingdom citizens. It outlines the ways in which organisations should process people’s personal data and how data should be kept secure. 

Statistics On Data Security Incidents At Local Councils

Local councils aren’t immune to data breaches, during the third fiscal quarter of 2021/22 there were a total of 217 reported incidents. The majority of these breaches were through a non-cyber means, totalling 208. The most common form of non-cyber incidents was data emailed to the incorrect recipients at 44 reported incidents. 

Examples Of Foster Care Data Breaches 

If a data breach were to occur, it could also result in a safeguarding issue if a child’s information has been leaked. Personal information and sensitive information of the child or the child’s foster carer could be disclosed and it could lead to: 

  • Information on the birth parents – If the birth parents of the child in foster care are deceased, abandoned or desire no contact. 
  • Information on the foster carer being disclosed – If a breach occurs, the child and carers could be at risk from an abusive parent. 

What can cause a data breach:

For information on examples of foster care data breaches, our advisors are available to provide free advice and guidance. This service is available 24 hours a day, 7 days a week. If you have any questions or queries no matter how minor they may seem, contact us today. 

How To Make A Foster Care Data Breach Claim

If you believe that you, as a foster carer, have been involved in a data breach, then you could contact those who you hold responsible for the breach and ask them what has been breached, does this involve personal information and how are they planning on to deal with the breach. 

Alternatively, you would be informed if a data breach had occurred and affected your rights and freedoms. If this information has been given to you by the organisation, in this case, then retain all correspondence as this may be used to help strengthen your data breach claim. 

When making a personal data breach claim evidence is key. You will need to show how the data controller is responsible for the breach in order to have a valid claim. Not all data breach victims will be eligible to claim compensation.

You could make a complaint to the Information Commissioner’s Office (ICO). It is responsible for the upholding of data privacy laws. If the ICO receives complaints about an organisation, it could begin to investigate. Depending on the outcome of the investigation, the ICO could then issue penalties.

The ICO have the power to issue penalties, such as fines, to organisations that have been affected by a data breach.

For more information on how you could claim for a foster care data breach contact us through our website or call us straight away for an instant response to your questions.

What Could You Claim For A Foster Care Data Breach?

A table of compensation brackets has been created to illustrate the amounts that you could receive. This information has been gathered from the Judicial College guidelines. These guidelines are used to value injuries and illnesses. The table only looks at one head of claim – non-material damages. 

Furthermore, the compensation brackets have been compiled from a large number of previous court settlements. Each case is unique, and it comes down to the severity of the damages and the impact on your daily life.

Types of Mental Health IssuesCompensation BracketsDescription
Psychiatric Damage: Severe £54,830 - £115,730Employment, relationships and social life will all be negatively impacted and a recovery is not likely.
Psychiatric Damage: Moderately Severe£19,070 - £54,830There will be significant problems at the outset. However there will be more optimistic prognosis.
Psychiatric Damage: Moderate £5,860 - £19,070There will be room for a recovery and improvements will have already been made.
Psychiatric Damage: Less Severe £1,540 - £5,860The amount of time daily activities and sleep will have been affected will drive the amount of damages.
Psychiatric Disorder: Severe £59,860 - £100,670There will be no return to pre-trauma state. All aspects of life will be negatively affected.
Psychiatric Disorder: Moderately Severe£23,150 - £59,860Professional help will be needed to reach a level of recovery.
Psychiatric Disorder: Moderate £8,180 - £23,150A good recovery will have been made and any continuing symptoms will not be major.
Psychiatric Disorder: Less Severe £3,950 - £8,180A good recovery within 2 years time.

Material Damage 

The compensation that could be awarded for the impact on financial information that you could incur due to a data breach. If your financial information has been compromised in a breach, such as bank details or credit/debit card details, you may have lost money.  

Non-Material Damages

The compensation that could be awarded for the psychological damages that you could suffer as a result of a data breach. 

 A High Court of Appeal case, Vidal-Hall and others v Google Inc (2015), set precedent so that any psychological harm caused by data breaches, regardless of any financial loss would be considered. 

If you have any additional queries on how you could claim for non-material damages and material damages contact us through our live chat feature or through our website. 

Claim For A Foster Care Data Breach Today

Are you interested in hiring a data breach solicitor to handle your claim? Then you can contact our advisors today, they are able to offer free guidance and advice. This is a 24/7 service.

Once our advisors have assessed your claim if they believe your case would be successful, then they can put you in touch with data breach solicitors from our panel to represent you and your claim. 

No Win No Fee Agreements 

A No Win No Fee agreement is where claimants are able to hire lawyers or solicitors to represent them without paying legal fees upfront. 

An unsuccessful claim would mean that you wouldn’t have to pay any success fees to your solicitors. A successful claim, on the other hand, means that you would have to pay a success fee.

All cases taken on by our panel of solicitors are dealt with on a No Win No Fee basis.

This is how you can contact us: 

Other Data Breach Claims Guides 

There are some resources that we have collected for you to have a read through that might help with a foster care data breach claim, we have provided the links below:

Additionally, we have gathered some useful external links for you to have a look at, the links are provided below:

If you have found this guide helpful or need any additional questions answered on a breach of foster care data. You can contact us through our live chat feature today.