Labour Party Data Protection Breach – Could You Claim Compensation?

This guide will discuss the potential action you could take if a Labour Party data protection breach were to occur. In some instances, a claim could be made to seek compensation following the breach of your personal data. However, there are certain eligibility criteria that need to be met in order to do so. Also, it’s important to note that an incident involving a breach of data protection laws will not always lead to your personal data becoming compromised. We will discuss this further throughout our guide.

labour party data protection breach

Labour Party Data Protection Breach – Could You Claim Compensation?

Additionally, as you move through this guide, you will find information on what personal data is, how it could be affected in a breach and the impact this could have on you.

Furthermore, we will discuss potential data breach settlements, including what they could consist of and how they may be calculated.

If you are eligible to pursue a data breach claim, you may find it beneficial to work with a solicitor who offers their services under a specific kind of No Win No Fee contract. We will provide further guidance on the terms of this contract later on in our guide, as well as how a solicitor could help you.

For more information you can contact our helpful team of advisors. They can answer any questions you might have and provide free advice 24/7. To reach them, you can:

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Labour Party Data Protection Breach – Could You Claim Compensation?

In order to begin a claim following a breach of your personal data, you need to demonstrate that the following occurred:

  • Firstly, that there was a failure on the part of a data controller or data processor to uphold the responsibilities they had to protect your personal data under data protection law.
  • Secondly, that a controller’s or processor’s wrongful conduct resulted in a breach that compromised your personal data.
  • Finally, that you experienced emotional harm or financial loss as a result.

Data controller’s are responsible for setting the purpose for processing your personal data and may also process it themselves. Alternatively, they may outsource this task to a data processor to act on their instruction. Both parties have a responsibility under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, to protect your personal data.

Personal data is information that can be used to identify you, such as your name, email address, postal address, phone number and date of birth. There is another kind of personal data requiring more protection because it is sensitive in nature; this is called special category data. Examples of this can include personal data revealing a trade union membership or your political opinions.

If a data controller or processor did not adhere to legislation governing data protection, it could result in a personal data breach. This can be defined as a security incident in which the following is compromised in relation to your personal data:

  • Integrity
  • Confidentiality
  • Availability

A claim could be made to seek compensation for the way a breach has affected you if you can satisfy the requirements laid out above.

What Was The Blackbaud Data Breach?

Blackbaud is a third party data processor for several organisations, including universities and charities. In May 2020, they were subject to a ransomware attack by cyber-criminals. Some of the data stolen included information about donations made, phone numbers, names and addresses.

The Labour Party had been using software created by Blackbaud for fundraising and donor management. As such, they were subsequently affected by the data breach.

If you have evidence that you were affected by the Blackbaud data breach, please get in touch with our team. They can advise on the potential steps you could take.

Source: https://www.itv.com/news/2020-07-30/labour-party-has-data-compromised-following-blackbaud-hack

How Could A Potential Labour Party Data Protection Breach Affect You If One Were To Occur?

Firstly, there are several ways in which a breach of your personal data could occur. For example:

  • A device, such as a computer containing sensitive information, could be stolen or lost as a result of poor physical security.
  • Due to poor cyber security, a cyber security incident could occur. For example, personal data could be stolen in a ransomware attack.
  • A human error data breach could occur if adequate data protection training is not given to employees. This could result in a member of staff sending an email containing your personal data to the wrong email address despite the correct one being on file.

If your personal data is breached, it could impact you in several ways. For example, you could suffer psychological harm in the form of anxiety, emotional distress, depression or you could have their existing mental health problems made worse.

Alternatively, if personal data relating to your finances is compromised, such as credit card or debit card details, it could lead to you having money stolen from your account or loans taken out in your name. In turn, this could affect your credit score.

Compensation can be awarded to address the way a breach of your personal information has impacted you. To find out more, get in touch on the number above.

How Long After A Data Breach Could You Claim?

In addition to meeting the eligibility criteria laid out above, you need to ensure you start your claim within the limitation period.

Generally, this is 6 years. However, it can be reduced to 1 year if your claim is against a public body.

To learn more about the data breach claim time limits, contact an advisor on the number above.

What Steps Could You Take If A Labour Party Data Protection Breach Were To Occur?

There are several steps you could potentially take following a breach of your personal data. For example:

  • Contact the organisation: You can do this by emailing or sending a letter. In doing so, you can find out how the breach occurred, what personal data was affected and the action the organisation intends to take.
  • Make a complaint to the Information Commissioner’s Office (ICO): The ICO is an independent body set up to uphold information rights. If you receive no response or an inadequate response after contacting the organisation, you could make a complaint to the ICO. They may choose to investigate your complaint, but they cannot award compensation.
  • Collect evidence to support your potential claim: This could include correspondence with the organisation and findings from an ICO investigation. Additionally, you could provide evidence of your mental harm in the form of a doctor report. Also, you could provide evidence of any financial losses via bank statements and credit card statements.

To discuss the potential steps you could take if a Labour Party data protection breach were to occur, please get in touch using the number above.

Calculating Compensation For A Data Breach

The data breach compensation settlement you could be awarded following a successful claim is intended to address the two types of damage you may have experienced following the breach of your personal data. For example, it could consist of:

  • Compensation for the mental harm you experienced due to the personal data breach. This type of harm is referred to as non-material damage.
  • Compensation for the financial losses you experienced due to the personal data breach. This is referred to as material damage.

In order to value your mental injuries, solicitors can use medical evidence alongside guideline award brackets from the Judicial College Guidelines. The table below contains some of these figures. However, these are intended to be used as a guide.

Type Of Harm Severity And Compensation Guidelines Further Notes
Mental Harm Severe (a) £54,830 to £115,730 The prognosis is very poor and the person has marked problems in relation to coping with different areas of their life, including work and relationships.
Mental Harm Moderately Severe (b) £19,070 to £54,830 There are similar problems to the bracket above, but these will be significant and the prognosis will be better.
Mental Harm Moderate (c) £5,860 to £19,070 Similar problems to the brackets above but with a significant improvement and a good prognosis.
Mental Harm Less Severe (d) £1,540 to £5,860 Factors, such as how long the person is affected and to what extent, will be considered when valuing the award given.
Reactive Psychiatric Disorder Severe (a) £59,860 to £100,670 All areas of the person’s life will be affected in a bad way and they will be unable to return to employment or function at a pre-trauma level due to permanent issues.
Reactive Psychiatric Disorder Moderately Severe (b) £23,150 to £59,860 Despite there being a chance of effects causing a disability of a significant nature for the foreseeable future, there is a better prognosis due to the person receiving professional help.
Reactive Psychiatric Disorder Moderate (c) £8,180 to £23,150 There may be some ongoing issues that are not overly disabling and the person will have made a significant recovery.
Reactive Psychiatric Disorder Less Severe (d) £3,950 to £8,180 A mostly full recovery is made within a couple of years and any minor issues that do persist won’t be present for a long period.

To discuss the potential payout you could be awarded should your claim succeed, call the number above to speak with an advisor.

Contact Our Team About Working With A No Win No Fee Solicitor

The data breach solicitors on our panel can help you through the different stages of the claims process, provided you have valid grounds to seek compensation.

Additionally, they work under No Win No Fee terms and can offer you a Conditional Fee Agreement. Typically, this means that no payment is required for your solicitor’s services upfront, as your claim progresses or if your case has an unsuccessful outcome.

Following a successful claim, your solicitor will take a percentage of your compensation. However, the amount they can take is restricted by law allowing you to keep the majority of your compensation.

If you would like to discuss your eligibility to work with a solicitor on this basis, please get in touch with an advisor. They can provided a free case assessment to determine whether you have a legitimate claim.

Alternatively, they can provide guidance on the potential steps that could be taken if a Labour Party data protection breach were to occur. To find out more, you can:

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If you have any questions regarding the potential action you could take should a Labour Party data protection breach occur, please contact our team on the number above.

Article by AH

Publisher EI