Data Protection Breach Compensation Claims

All sorts of organisations and institutions can handle and store personal data and personal information, such as:

• Local Governments/Councils
• Local Authorities
• The NHS
• The Police
• Schools
• Her Majesty's Courts & Tribunal Service (HMCTS)

These organisations need to hold personal information about people in order to carry out their duties as public bodies. However, they must only use that information for specifically stated purposes that are relevant to their duties.

They also cannot keep your data any longer than they absolutely need to. If you believe that a public body has misused or mishandled your personal data, our data protection solicitors may be able to help you make a compensation claim. Speak to our team on 0800 028 1943 for a free initial consultation.

Public bodies do a wide range of work and can handle a variety of information about you in order to carry out their duties, including:

• Your name, address, telephone number and email address
• Your ethnicity, religious beliefs, political opinions and gender identity
• Your medical, employment and education history
• Your criminal record
• Your bank and credit card details

Some of this is very sensitive information and public bodies can do real harm if they don’t handle your personal data correctly. Stricter data protection rules apply to this particularly sensitive information and cover:

• Ethnic background
• Political opinions
• Religious beliefs
• Health
• Criminal record

If you have suffered financial harm or emotional distress because of a personal data breach, we may be able to help you claim compensation from the public body responsible. Call us on 0800 028 1943 or contact us online to find out more.

Everyone has the right for their personal data to be handled correctly and anyone can make a compensation claim if they have been caused damage because an organisation has mishandled their data.

You can claim for either financial loss or emotional distress caused by a data breach, or both. For example, a criminal record with an incorrect past conviction could cause you financial harm by stopping you from getting a job and emotional distress from the stigma of being branded a criminal.

You also have a right for data breaches to be corrected even if it hasn’t harmed you yet. Our solicitors are experienced at securing data corrections and data removals to give you peace of mind and prevent breaches from causing any problems in the future.

There are multiple funding options for data protection claims against public bodies:

• Legal Aid may be available for people claiming means-tested benefits whose case has a reasonable chance of success. Check if you qualify for legal aid.
• Many of our clients have Legal Expenses Insurance that can pay for legal costs
• No Win No Fee* agreements, also known as conditional fee agreements, are available for some cases

We will talk you through all the potential costs and funding options and advise you on the best way to take your case forward. Please contact us to find out more.

The Data Protection Act sets rules about how organisations, businesses and the government can use your personal information.

These rules are called the ‘data protection principles’. Anyone using or storing personal data must make sure that the information is:

Recorded accurately and kept up-to-date

• Used fairly and lawfully
• Used for limited, specifically stated purposes
• Only used in a way that is necessary or relevant to the stated purposes
• Only kept as long as necessary for the stated purposes
• Handled according to people’s data protection rights
• Kept safe and secure
• Not transferred outside the European Economic Area without adequate protection

The act provides stronger legal protection for more sensitive information such as:

• Ethnic background
• Political opinions
• Religious beliefs
• Health
• Criminal records

If you believe that your personal data has not been handled in accordance with the Data Protection Act, our solicitors may be able to help you correct mistakes or make a compensation claim for damage caused. Call us today on 0800 028 1943 to find our more.

A data breach is any time your data that your personal information is accidentally or unlawfully destroyed, lost, altered, disclosed, or accessed while being held, transferred or processed. Breaches can happen for a number of reasons, including:

• Accidental alterations or deletions by authorised individuals within an organisation
• Access by unauthorised individuals within the organisation
• Access by malicious third parties, such as hackers
• Technical malfunctions

Data-handling organisations have a responsibility to prevent data breaches from happening. They are obliged to notify the Information Commissioner’s Office whenever a breach happens and keep records of every breach in a breach log. They must also notify the people whose data they handle if the breach could adversely affect their personal data or privacy.

If a breach occurs, the organisation should contact you with:

• Their name and contact details
• The estimated date of the breach
• A summary of the incident
• The nature and content of the personal data affected
• The likely effects for you
• Any measures they have taken to address the breach
• How you can mitigate the impact for yourself

If you have suffered due to a data breach and the organisation does not follow these procedures correctly, our lawyers may be able to help you put it right. Contact us online to speak to one of our expert team today.

You have the right under the Data Protection Act to find out what information any organisation or public body stores about you. Any organisation is legally required to give you a copy of any data they hold about you if you request it.

To make a request, all you have to do is write to the organisation and ask for a copy of your data. You can address your letter to the company secretary if you don’t know who exactly to write to.

Some organisations might charge you for providing the information. The charge is usually £10 or less but can be more if the request involves health or education records.

Organisations are allowed to withhold information in some instances if the information is involved with:

• Criminal investigations
• National security
• Tax assessment or collection
• Judicial or ministerial appointments

In all other cases, it is a breach of your rights if an organisation fails or refuses to comply with your request. Our data protection solicitors can help you access the information that you are entitled to see. We can also help if the information you receive from them is incorrect or has been held unlawfully.

Call us today on 0800 028 1943 for more information.