Breach Of Sexual Abuse Data – Can I Claim Compensation?
In this guide, we will discuss when you could potentially be eligible to make a personal data breach claim following a breach of sexual abuse data. There are a set of eligibility criteria that your case needs to meet in order for you to have valid grounds to seek compensation following a data breach. We will provide more information on these, and the time limits for starting legal proceedings, throughout our guide.
Additionally, we will look at what a personal data breach is, how one could occur, and the way it could affect you. Also, we will outline the responsibilities certain third parties have under data protection law to protect your personal data.
Furthermore, as you move through our guide, you can find information on data breach compensation settlements, including what they could include and how they are calculated.
Our guide will conclude with information on the benefits of working with a solicitor under No Win No Fee terms and the services they could offer you.
For more information, you can:
- Call on 020 3870 4868
- Use the live chat feature at the bottom of the page
- Request a call-back online
Select A Section
- Can I Sue For A Breach Of Sexual Abuse Data?
- How Can A Breach Of Sexual Abuse Data Happen?
- What Harm Could Be Caused?
- Evidence To Support A Data Breach Claim
- Is There An Average Compensation Settlement?
- Contact Our Team About Claiming For A Breach Of Sexual Abuse Data
In order for you to be eligible to begin a personal data breach claim following a breach of sexual abuse data, you need to meet a set of criteria.
Firstly, data controllers, those who set the purpose for processing and often process it themselves, as well as data processors, those who act on behalf of controllers, both have a responsibility to protect your personal data under the law. The pieces of legislation that outline their responsibilities are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
If they failed to adhere to data protection laws, it could lead to a personal data breach. This is a security breach involving the accidental or unlawful destruction, loss, or alteration of your personal data. It can also mean your personal data has been disclosed or accessed without authorisation.
If, as a result of the breach, you experience mental harm or financial damage, you could be eligible to begin a personal data breach claim. To find out more, please get in touch using the number at the top of the page.
Personal data is any information that can be used to identify you, such as your:
- Postal address
- Email address
- Credit or debit card details
Additionally, there is another kind of personal data that, because of its sensitive nature, requires extra protection. This is known as special category data which can include information about a person’s health, sex life, sexual orientation, race, and ethnic origin. Organisations processing special category data must identify a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9 of the UK GDPR in order to do so.
Personal data of victims and witnesses of crime can be considered as sensitive or high risk and extra protection should be given when processing this type of data as it can create significant risks relating to the privacy and wellbeing of the individual concerned.
If special category data about victims and witnesses of crime is being processed, the requirements to do so, as laid out above, must be met. An example of this can include when data concerning the health of a victim is being processed, such as details relating to the physical or psychological harm they experienced.
A failure to adhere to data protection laws could result in the breach of sexual abuse data. For example:
- The wrong email address may be used when sending an email containing sensitive data.
- Physical documents may be stolen from a psychiatrist’s office due to a lack of security resulting in an unauthorised party gaining access to a patient’s file.
To learn when you could be eligible to claim for a personal data breach, contact an advisor using the number above.
Depending on the severity of the breach, there are a number of ways you could be affected by your personal data being exposed.
You could also experience damage to your finances due to requiring time off work to recover from the emotional impact the breach has caused.
In cases where you’re eligible to pursue a personal data breach claim, you could be awarded compensation to address the way you have been affected.
For more information, please get in touch with an advisor on the number above.
There are several types of evidence you could collect to help support your claim. For example:
- Correspondence, such as letters and emails, between you and the organisation involved. These can be acquired by contacting the organisation to find out more about the nature of the breach, including how it occurred and what data of yours was affected.
- Copies of medical reports from your psychiatrist. These can detail the emotional damage you have experienced.
- Financial documentation to prove any monetary losses, including wage slips.
Additionally, you could make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body that is set to uphold information rights. They could choose to investigate your complaint. If they do, findings from their investigation could be used to support your case.
If you would like to learn more about the steps you could take as part of the data breach claims process, get in touch on the number above.
There are two forms of damage that you could be compensated for when making a data breach claim. Firstly, compensation can be awarded for the non-material damage caused by the data breach. This refers to the emotional distress you encountered.
When assessing the value of this head of claim, solicitors can use the Judicial College Guidelines to help them. We have included guideline award brackets from this document in the table below.
However, you should only use these as a guide because the settlement awarded to you will depend on the unique circumstances of your case.
Guideline Compensation Brackets
|Harm Type||Severity Level||Compensation Bracket - Guide||Details|
|Mental harm||Severe||£54,830 to £115,730||There are marked problems relating to the person's ability to copy with several areas of their life. Also, the prognosis will be very poor.|
|Moderately Severe||£19,070 to £54,830||The person has problems of a significant nature coping with several areas of their life but the prognosis will be more positive.|
|Moderate||£5,860 to £19,070||A significant improvement in relation the problems mentioned in the above brackets and a good prognosis.|
|Less Severe||£1,540 to £5,860||The award given will depend on how long the disability lasted and how badly it has impacted the person.|
|Anxiety disorder||Severe||£59,860 to £100,670||Permanent issues that mean the person can't return to a pre-trauma level.|
|Moderately Severe||£23,150 to £59,860||A better prognosis will be achieved by seeking medical help but there are still issues for the foreseeable future.|
|Moderate||£8,180 to £23,150||A significant recovery with any ongoing issues not being major.|
|Less Severe||£3,950 to £8,180||The injured person has almost fully recovered within a timeframe of 1-2 years.|
What Else Could I Receive In Data Breach Compensation?
Compensation can also be awarded for the material damage you experienced. This refers to the financial losses you encountered as a result of the breach.
For example, following a breach of sexual abuse data, you may have needed to take time off work to recover from the emotional impact it had. In these instances, you may be able to seek reimbursement for your lost income.
To find out more about data breach payouts, call the number above to speak with an advisor.
A Conditional Fee Agreement (CFA) is a type of contract that could be offered to you by a No Win No Fee solicitor from our panel. It can allow you to access their services whilst not having to pay upfront or as your claim proceeds.
Additionally, upon the completion of an unsuccessful claim, you won’t need to pay for their work.
In the event of a successful claim, a legally capped success fee will be subtracted from your compensation. This will be paid to your solicitor. However, you will discuss this fee with them before you enter into an agreement with them.
To get in touch with our advisors and find out if they could connect you with a data breach solicitor from our panel, you can:
- Call us on 020 3870 4868
- Use the live chat feature at the bottom of the page
- Request a call-back online
For more of our helpful guides:
- I suffered a data breach via email – How much could I claim?
- My disciplinary information was sent to the incorrect address – Can I claim?
- How much could I claim for an exam results data breach?
For more external resources:
- ICO – Personal data breaches
- GOV – Make a data protection complaint
- National Cyber Security Incident – Guidance for individuals and families
Thank you for reading our guide on when you could be eligible to seek compensation following a breach of sexual abuse data. If you have any other questions, please get in touch via the contact details above.
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