Has your data been breached via email? Do you want to make a data breach claim? This article will explain a personal data breach and how it can happen. We will also elaborate on how you can claim as well as what compensation you may be eligible to receive.
Data breaches can be violating, compromising your personal data and sharing it with unauthorised individuals or organisations. It can impact your mental health which subsequently can affect your personal life such as your health as well as your relationships.
Our advisors are available to provide free legal advice if your data is breached via email. They can help to determine whether you have a valid claim, connecting you to our panel of No Win No Fee solicitors who can begin the claiming process. Contact our advisors today by:
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- My Data Was Breached Via Email – Can I Make A Claim
- Types Of Sensitive Data In The Workplace
- How Do Email Data Breaches Happen?
- How Do You Claim For A Workplace Data Breach?
- What Could You Claim For An Email Data Breach?
- Talk To Us If Your Data Was Breached Via Email
To understand whether your data was breached via email, it may be best, to begin with, laws that protect your personal information such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. A personal data breach is a security incident that compromises your personal information whether by altering, transmitting, disclosing, losing, destroying, storing, accessing or otherwise processing without a lawful basis.
The two entities that have a responsibility to your personal data include:
- Firstly, data controllers – An organisation that decides why they collect and how they collect personal information.
- Secondly, data processors – An agency that can be used on behalf of the data controller to process your data according to the purpose of the controller.
These entities must ensure that they take the steps to comply with data protection legislation like the UK GDPR to keep your data as secure as possible. Failure to do so can compromise your personal data in data breaches.
The UK GDPR defines personal data as information that can identify an individual, such as:
- Email Address
- Banking details
- Home Address
- Also, identification numbers, i.e National Insurance Number or NHS number
- Political views
- Ethnic or racial origin
- Religious beliefs
- Philosophical beliefs
- Trade union membership
- Genetic data
- Biometric data
- Health data
- Sex life and orientation
Contact our advisors if your personal or sensitive data is breached via the wrong email address to find out if you can make a valid claim.
Email data breaches can be deliberate, such as hacking or phishing attacks as well as unintentional via human error. Common human error email data breaches include the improper application of blind carbon copy.
Failure to use Bcc may seem minor, however, email addresses can often include personal data information including names as well as birth years which is identifiable information. Additionally, sharing this information can cause other people in the email thread to identify who you are, which can be especially violating depending on the context of the email.
For example, if you have a medical condition then some information can be very private. Accidental sharing of your email address in a group email could result in revealing your identity from your email alone and those who access this information could make assumptions about your health. Therefore, this could be grounds for a claim as a failure to use Bcc caused a data breach.
How To Prevent Data Protection Breaches
The controller and processor can take steps to ensure your personal data security, reducing the likelihood of a future breach. The Information Commissioner’s Office created a list of actions an authority can take to minimise the risk of personal data breaches, including:
- Storing personal data securely
- Having a clear desk policy
- Having a remote working policy
- Keeping home and email addresses up to date
- Name documents clearly and consistently
- Review access controls
- Train staff on data protection
- Back up systems
At the base of things, changing company culture towards data protection, and refreshing the familiarity with legislation can provide clarity for the employers and employees around the legislation.
So, for more information on making a claim for a personal data breach via email, get in touch with our advisors today.
To successfully make a claim for a personal data breach you must be able to prove positive wrongful conduct, or that the data controller or processor failed to take the necessary steps to keep your personal data secure.
In this country, we have robust data protection laws. The UK GDPR as well as the Data Protection Act 2018 are two pieces of data protection legislation that run alongside each other to establish the necessary steps to keep your personal data safe.
For example, if a data controller failed to keep their online systems secure with up to date cyber security and a breach occurred that comprised personal data they could be liable for damages. So, why not contact our advisors today, for more information on how to make a claim for a personal data breach via email.
You could receive two heads of compensation for a successful personal data breach claim. Firstly, you could receive damages for the pain you have sustained. And, secondly for any financial losses incurred. The heads of damages include:
- Material damages – The physical damages suffered to your finances, including stealing of bank information and impersonation of identity used in fraudulent activity.
- Non-material damages – The mental health afflictions such as depression, anxiety, paranoia, stress and other psychological issues.
In the Vidal-Hall v Google case, The Court of Appeal set a precedent stating to receive compensation for non-material damages, you do not have to prove you also suffered material damages too. This means that you can claim for your mental injuries alone without evidence that you have incurred any financial damage.
The amount of compensation you may receive for non-material damages is outlined in the potential compensation bracket published by the Judicial College Guidelines (JCG). The JCG establishes potential payout figures for the type of injury as well as the severity, as we have detailed in the table below:
Injury Compensation Notes
Severe general mental damage (a) £51,460 to £108,620 Where a person has considerable problems in respect to coping with life, work and education as well as interpersonal relationships, the extent of treatment, future vulnerability and prognosis.
Moderately severe general mental damage (b) £17,900 to £51,460 Where the person suffers from the same factors as above, but with a slightly more positive prognosis.
Moderate general mental health damage (c) £5,500 to £17,900 Where the individual has a markedly improved prognosis from the above brackets.
Less severe general mental health damage (d) £1,440 to £5,500 Compensation awarded depends on the period of disability and the extent of the effect on sleep and daily activities.
Severe anxiety stress disorder (a) £56,180 to £94,470 The injured person will have issues with working or functioning anywhere near close to the pre-trauma level.
Moderately severe anxiety disorder (b) £21,730 to £56,180 A better prognosis from the severe bracket as the recovery has taken place with professional help, yet still likely disability in the future.
Moderate anxiety disorder (c) £7,680 to £21,730 Where a large recovery has taken place and any persisting effects are not massively disabling.
Less severe anxiety disorder (d) £3,710 to £7,680 A virtual full recovery within one to two years with minor symptoms continuing for a longer period of time.
For more information on how much compensation you may receive if your data is breached via email, get in touch with our advisors today.
Our advisors are free to offer legal advice and advise you on what next to do. If your claim is valid they could connect you to our panel of No Win No Fee solicitors.
The solicitors operate under a conditional fee agreement (CFA), which has many benefits including no immediate hiring cost and you do not pay the success fee if your claim fails. If your claims succeed they will take a success fee. The fee is a legally-capped, small percentage of your compensation that covers the success fee.
If you would like the help of our panel of CFA solicitors, please get in touch with our advisors today by:
How Data Protection Breach Could Impact You
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Contact our advisors today for more information if your data is breached via email.