What Are Your Rights After A Discrimination Data Breach?

This guide will explain how to claim compensation if you have experienced discrimination after a data breach. We will explain what personal data is, and we will also detail the types of special category data that could be collected.

Discrimination data breach claim guide

Discrimination data breach claim guide

Organisations have a legal duty to protect your personal and special category data under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). If a data breach compromises your personal data, this could result in significant harm, and you could face discrimination as a result. This could lead to severe effects on both your finances and your mental health.

To see if you can claim compensation for a personal data breach, please get in touch with our advisors today. If you are eligible to claim compensation, our panel of data protection solicitors could be able to help.

Our advisors can provide you with a free consultation, and they can also offer free legal advice. If they find that your claim could be valid, they may then put you in touch with a solicitor from our panel. If you have any further questions about UK GDPR data breaches that are not answered by this guide, get in touch:

  • Call on 0800 408 7825 to speak to an advisor
  • Contact us by filling out our online claims form
  • Or use the live chat to get instant help

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What Is A Discrimination Data Breach?

A personal data breach is a security incident that compromises the integrity, confidentiality, or availability of any information that could be used to identify you. This is known as your personal data. For example, your email address could be an example of personal data. Your phone number could also be considered personal data.

This data must be protected by the data controllers and data processors who handle it. A data controller is responsible for establishing the reasons why and how your personal data will be used. Then, a data processor will process this data on their behalf.

If a data controller or processor fails to comply with legislation, which results in a personal data breach, you may be eligible for compensation. However, in order to form a claim, your case must meet certain criteria as set out by the UK GDPR.

To learn more about this criteria, read on. Or, get in touch with our team to find out if you could claim for discrimination after a data breach.

What Is Special Category Data?

Special category data is a kind of personal data that is sensitive in nature. Because of this, it needs extra protection when it is collected and stored.

When an organisation collects your personal data, they must first establish a lawful basis for processing under Article 6 of the UK GDPR. If they intend to process your special category data, they must also establish a second condition for processing under Article 9 of the UK GDPR.

Some examples of special category data can include:

  • Your political beliefs
  • Racial or ethnic origin
  • Sexual orientation
  • Philosophical or religious beliefs
  • Trade union membership status
  • Health data

If this information is compromised in a personal data breach, this could lead to discrimination, emotional distress, and other negative effects. Find out if you can claim today by getting in touch with our team.

What Are Your Individual Data Protection Rights?

Under Article 82 of the UK GDPR, you, as the data subject, have a right to claim compensation if your data is breached. However, this is contingent on your case meeting the criteria laid out by this legislation. This means that:

  • The breach must include your personal data
  • The data controller or data processor must be responsible for the breach
  • This must cause you to suffer harm, either mentally or financially

If your case meets these standards, then you may be able to claim compensation. Get in touch with our team to learn more.

How To Raise A Complaint

The Information Commissioner’s Office (ICO) is a public body in the UK that enforces data protection laws. The ICO can investigate data security incidents, and they can also issue fines against organisations that fail to comply with data protection law.

The ICO must be alerted within 72 hours if an organisation suffers a data breach that could affect your rights or freedoms. They must also alert you without undue delay.

You can make a complaint to the organisation responsible for the breach, and they may respond with further information. They may tell you what data was involved in the breach or how the breach happened.

But, if they don’t reply, or if their reply is unsatisfactory, then you can contact the ICO and complain to them. However, this must be done within three months of your last contact with the organisation responsible. The ICO may choose to investigate the breach, and they may impose a fine upon the organisation.

It is also important to ensure that you make your claim in the appropriate time limit. Usually, you have six years to begin a claim for a personal data breach. However, if your claim is made against a public body, this will fall to one year.

To learn more about how to claim if you have suffered discrimination after a data breach, get in touch today.

What Can You Claim For A Discrimination Data Breach?

You could claim compensation if you have experienced discrimination because of a data breach.

Your compensation payment could include compensation for up to two types of damage. Non-material damage compensation addresses the emotional distress or psychological injuries the breach caused. For example, you may experience anxiety, depression, or PTSD following a personal data breach.

The table below uses figures from the Judicial College Guidelines (JCG) to demonstrate guideline non-material damage compensation payouts. The JCG is a document that helps solicitors, judges, and other legal professionals assign settlement values to claims. It does this by offering guideline brackets for compensation, which relate to a number of injuries and illnesses. However, it is important to note that these figures are guidelines only, and not guarantees of what you could receive.

Injury Damages Notes And Severity
Mental Health Injuries £54,830 to £115,730 Severe – This person could experience marked issues and problems with multiple areas of their life, such as studying, working or in relationships.
Mental Health Injuries £19,070 to £54,830 Moderately Severe – Though they may have been impacted similarly to the above bracket, their prognosis is better.
Mental Health Injuries £5,860 to £19,070 Moderate – By the time the case would be heard at trial, there is a significant improvement in symptoms.
Mental Health Injuries £1,540 to £5,860 Less Severe – This bracket addresses the length of time affected by symptoms and the way these symptoms affect your daily life.
PTSD £59,860 to £100,670 Severe – Functioning or working at the pre-trauma level is impossible due to severe symptoms.
PTSD £23,150 to £59,860 Moderately Severe – With professional intervention, there is some chance of recovery, which allows a better prognosis.
PTSD £8,180 to £23,150 Moderate – Only non-disabling symptoms remain after a large amount of recovery.
PTSD £3,950 to £8,180 Less Severe – A virtually full recovery is achieved within 1-2 years, and following this there are only minor symptoms that are ongoing.

You may also be eligible for material damage compensation. This addresses the financial impacts of the breach. For example, you may have experienced a loss of earnings if you had to take time away from work to recover from the psychological effects of the breach.

Contact our advisors today to learn more about compensation in data breach claims.

Speak To A Member Of Our Team

You might be eligible to claim compensation if you experienced discrimination because of a data breach. Our advisors can tell you whether or not you could be eligible to claim by providing a free consultation, and they can also offer free legal advice. If they find that your claim is valid, they may connect you with a solicitor from our panel.

A solicitor from our panel could represent you under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement. Usually, with a CFA, you do not have to pay your solicitor an upfront fee in order for them to begin work on your claim. Similarly, they will not expect any ongoing fees or take a fee if your claim fails.

Should your claim succeed, your solicitor will be due a success fee. This will be taken as a percentage of your compensation, though this percentage has a legal cap.

To see if you can claim compensation for discrimination after a data breach, please get in touch with us today:

  • Call on 0800 408 7825 to speak to an advisor
  • Contact us by filling out our online claims form
  • Or use the live chat to get instant help

Further Reading On Your Rights After A Data Breach

These online guides may be helpful if you wish to know more about what to do after a data breach.

For more resources:

For more information on claiming compensation for discrimination after a data breach, get in touch.

Article by AH

Publisher AA