Incorrect Information Data Breach Claims – Can I Claim Compensation?

Was your personal data sent to the wrong recipient in an incorrect information data breach? If you have suffered harm as a result of a breach, you may be wondering if you can claim.

Incorrect information data breach guide

Incorrect information data breach claims guide

The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) dictate how organisations should handle the personal data of UK residents. The UK GDPR also outlines the criteria for claiming compensation.

These legislations are enforced by the Information Commissioner’s Office (ICO). The ICO are an independent organisation, with the power to investigate and levy fines against those who fail to comply with data protection law.

In this guide, we will explain how to make a claim following a data breach that affects your personal data. Following this, we will touch on special category data, and how a solicitor from our panel may help you. If you have further questions, our advisors can help. To get in touch:

Select A Section

  1. What Is An Incorrect Information Data Breach?
  2. Sending Information To The Incorrect Recipient
  3. Incorrect Medical Information Data Breaches
  4. Could I Claim For An Incorrect Information Data Breach?
  5. Incorrect Information Data Breach Compensation Payouts
  6. Start Your Incorrect Information Data Breach Claim

What Is An Incorrect Information Data Breach?

Under the Data Protection Act 2018 and UK GDPR, there are particular ways that personal data should be processed by those who request, collect and retain it. Personal data is defined as any information that, when used on its own or alongside other details, can be used to positively identify you.

A data controller decides how they are going to use your personal data, and why; they are also responsible for establishing a lawful basis for processing. Then, the data processor processes this data on the controller’s behalf.

A personal data breach occurs when your personal data’s availability, integirty, or confidentiality is compromised by a security incident. However, in order to claim, this must occur due to the data controller or processor’s failings, and it must cause you to experience harm.

To find out if you could be eligible to make an incorrect information data breach claim, get in touch with our team today.

Sending Information To The Incorrect Recipient

One way that a personal data breach could occur is through information being sent to the wrong recipient. Human error can be a contributor to this. For example, if an employee at a housing association sends your rent statement to the wrong home address, this would be an example of human error.

Organisations should ensure that their records are kept up-to-date. This can help prevent information from being sent to an outdated address or to the wrong email address. Providing employees with data protection training can also help prevent information from being sent to the wrong recipient.

If your personal data has been sent to the wrong recipient in an incorrect information data breach, contact our advisors today. They can offer free legal advice and further guidance.

Incorrect Medical Information Data Breaches

As we have already mentioned, certain information counts as special category data, due to it’s sensitive nature. This includes any data that could reveal information about your health, including:

  • Medical records
  • Prescriptions
  • Test results, such as X-rays or blood tests
  • Appointment times or details

In order to process special category data such as this, organisations must not only establish a lawful basis in Article 6 of the UK GDPR, but they must also meet one of the conditions for processing special category data in Article 9.

If your medical data or other special category data has been involved in an incorrect information data breach, you may be interested in making a claim. Contact our advisors today to learn more.

Could I Claim For An Incorrect Information Data Breach?

As stated earlier, in order to claim, your case must meet certain conditions. These include suffering harm as result of the breach, and establishing that the breach was a result of wrongful conduct.

There are also time limits in place to consider when you are starting an incorrect information data breach claim. Usually, you will have six years to start a personal data breach claim. But, this will fall to one year if you make your claim against a public data breach.

If you are made aware of a personal data breach, you can make a complaint to the organisation responsible. They could offer more information, such as what data was affected, or how it occurred.

But, if they do not provide a satisfactory response, you can then take your complaint to the ICO. The ICO may then choose to investigate the breach, and may levy a fine against the organisation. However, this should be done within three months of your last contact with the organisation.

Finally, you may wish to seek legal advice. Our advisors can provide free legal advice and guidance when you get in touch, as well as a free evaluation of your claim. If they find it to be valid, they may put you in touch with a solicitor from our panel.

Incorrect Information Data Breach Compensation Payouts

There are two heads of claim you could pursue under a personal data breach claim:

  • Material damage: This head of claim addresses the financial impacts of a breach. For example, if a credit card data breach allows criminals to withdraw money from your bank account, this could be covered by material damage.
  • Non-material damage: This head of claim addresses the psychological impacts of the breach. For example, you may suffer from emotional stress due to the breach. In this case, you could be compensated under non-material damage.
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Description of Psychiatric Harm Severity & JC Guideline Award Bracket Notes
General Psychiatric Injury (a) Severe – £54,830 to £115,730

Indicative of marked problems in the areas of work, education and relationships
General Psychiatric Injury (b) Moderately Severe – £19,070 to £54,830

A less severe long term prognosis than the bracket above but still a significant disability
General Psychiatric Injury (c) Moderate – £5,860 to £19,070

An improvement experienced by the time the case may be heard at trial
General Psychiatric Injury (d) Less Severe – £1,540 to £5,860 Reflective of the length of disability and the effect symptoms have on daily life.
PTSD (a) Severe – £59,860 to £100,670 A profound and permanent injury affecting all areas of life, with no remaining function at the pre-trauma level.
PTSD (b) Moderately Severe – £23,150 to £59,860 There is a better prognosis after professional treatment.
PTSD (c) Moderate – £8,180 to £23,150 A large recovery takes place, and any continuing symptoms are not grossly disabling.
PTSD (d) Less Severe – £3,950 to £8,180

A virtually full recovery within a 1 – 2 year period and only minor symptoms persisting beyond this period.

Above, you can find a table that uses figures from the Judicial College Guidelines (JCG) to illustrate model non-material damage payouts. The JCG helps solicitors to value claims by providing these guideline figures for a number of physical and psychological illnesses and injuries.

If you are interested in starting an incorrect information data breach claim, read on to learn how a solicitor from our panel could help. Or, get in touch with our advisors today to get started.

Start Your Incorrect Information Data Breach Claim

If your personal data has been compromised in an incorrect information data breach, you may be interested in making a claim. Starting a data breach claim can seem complex, but a No Win No Fee solicitor from our panel could be able to help. With a Conditional Fee Agreement (CFA), your solicitor will provide their services, usually without requiring any upfront fees.

When you get the aid of a solicitor under a CFA, you typically only have to pay a fee for their services if your claim succeeds. This success fee is taken as a percentage with a legal cap. But, this fee will not be required if your claim does not succeed.

To learn more about how a solicitor from our panel could help you, get in touch by:

Information Data Breach Claims

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Article by EA

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