Can I Claim For A Probation Officer Data Breach?

Have you had your personal data exposed in a probation officer data breach? There are data protection laws in this country that seek to protect any personal information that is processed by an organisation. Organisations that process your personal data are known as data controllers. Under UK data protection laws which we discuss in this article, your personal information, personally sensitive data and criminal records must be processed in accordance with the law.

Probation Officer data breach claim

Can I Claim For A Probation Officer Data Breach?

As we move through the guide we will look at examples of data breach compensation and who could be eligible to make a personal data breach claim.

When you call our advisors at UK Law, they can offer free legal advice as to your options. Find out more when you:

  • Speak to our advisors on 020 3870 4868
  • Contact us online and request a callback
  • Or access our ‘live support’ option to the bottom right of this screen

Select A Section

  1. What Could Be A Probation Officer Data Breach?
  2. What Personal Data Is Processed At The Probation Service?
  3. Has The Ministry of Justice Suffered Data Breaches?
  4. What Could You Do If Your Data Has Been Breached?
  5. What Compensation Could You Claim?
  6. Find Out If You Could Claim For A Probation Officer Data Breach

What Could Be A Probation Officer Data Breach?

The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR). are two main pieces of data protection laws that must be adhered to by data controllers when processing personal data, personally sensitive data and criminal records.

The Information Commissioner’s Office (ICO) is an independent body that has the power to fine data controllers that fail to properly apply UK GDPR and the Data Protection Act 2018.

Organisations that process personal data must do so within accordance with the core principles of data security laws. These state that data collection must be lawful, fair, and obvious in purpose, that data collected be kept to a necessary minimum, and that it is accurate. In addition to this, time limits to how long the data is retained should apply. Also, security and integrity as well as personal accountability should be displayed by all those involved in the data process. At least one of the 6 lawful bases for data processing must be in place.

These principles equally protect an employee and a client. To demonstrate that you have a valid personal data breach claim the onus will be on you to prove that those you hold responsible for allowing your personal information to be breached did so because they failed in their adherence to applicable data security laws. You would also need to show how this has caused you to suffer.

What Personal Data Is Processed At The Probation Service?

Data protection laws do not protect all types of data and information. Such legislation offers protection to personal data, personally sensitive data such as special catogry data and criminal records. The Probation Service may have access to all of these types of data regarding a data subject.

Personal data is anything that can be used to identify you such as:

  • Name
  • Address
  • Email Address
  • Phone Number
  • National Insurance Number

Personally sensitive data or special category data needs extra protection because it includes information that can be of a sensitive nature, this can include:

  • Racial or ethnic origin;
  • Political opinions;
  • Religious or philosophical beliefs;
  • Trade union membership;
  • Genetic data;
  • Biometric data
  • Health data
  • Sex life and sexual orientation.

Criminal allegations, proceedings or convictions, have separate rules that apply. The UK GDPR gives added protection to any processed data that relates to security measures, criminal convictions or criminal offences. This information is referred to by the ICO as criminal offence data which can include:

  • Unproven allegations
  • Criminal activity
  • Absence of convictions
  • Allegations
  • Investigations; and
  • Proceedings.
  • Or penalties.

Has The Ministry of Justice Suffered Data Breaches?

The ICO issued an Enforcement Notice under section 149 DPA to the Ministry of Justice in relation to contraventions of Article 15 of the EU and UK GDPR, and Part 3, Chapter 3 of the DPA on 12th January 2022 for failing to provide in a timely manner 7,753 data subject access requests (SARS).

What Could You Do If Your Data Has Been Breached?

With all this in mind, what steps could you take after a probation officer data breach? Firstly, you can raise a concern with the data controller concerned. You can ask to be provided with information on whether a data breach has taken place, what information is involved and what is being done to rectify the situation.

If you are not happy with the response you can escalate it internally. However, you also have the option to make a complaint to the ICO. But wait no longer than 3 months from the date of last significant contact about the issue before elevating any complaint to the ICO. 

It’s important to note that data controllers must report serious data breaches to the ICO within 72 hours and tell the impacted data subjects as soon as possible. In addition to this, there is a 6 year time limit that applies to most data breach claims. However, this becomes a 1-year timescale if the complaint is against a public body. Speak to our team today for further clarification on eligibility.

What Compensation Could You Claim?

A successful personal data breach claim can take into account two types of calculations. The first is non-material damages and award brackets listed in the Judicial College Guidelines 16th edition published in April 2022 can be used as guidance.

Psychological & Psychiatric Damage Award Brackets in the Judicial College Guidelines Further Details
General Psychiatric Damage £54,830 – £115,730

Severe – Marked impact on person’s ability to cope with work or relationships – poor prognosis
General Psychiatric Damage £19,070 – £54,830

Moderately Severe – A more optimistic prognosis than the bracket above but still a substantial level of disability caused
General Psychiatric Damage £5,860 – £19,070

Moderate- Improvements seen by the time of trial
General Psychiatric Damage £1,540 – £5,860 Less Severe – Reflects length of disabling impact on sleep or work
Post-Traumatic Stress Disorder (PTSD) £59,860 – £100,670 Severe – A severe and all encompassing trauma level causing permanent issues
PTSD £23,150 – £59,860 Moderately Severe – A better prognosis when the sufferer receives professional help
PTSD £8,180 – £23,150 Moderate – A general recovery with no debilitating residual issues
PTSD £3,950 – £8,180 Less Severe – Complete recovery within a 2-year period

Or you can access our psychiatric and mental health compensation calculator to see what may be possible.

Non-material damage as you can see in the table above relates to stress after a data breach.

As well as non-material damages, you may have evidence that upholds a claim for material damages? These relate to:

  • Need to relocate
  • Lost out on earnings
  • Money stolen in fraudulent purchases.

Speak to our team if your personal information has been exposed due to a probation officer data breach.

Find Out If You Could Claim For A Probation Officer Data Breach

Do you need legal help for a claim due to a probation officer data breach? A No Win No Fee data breach solicitor could help by representing your case. Under agreements like this there are:

  • No upfront solicitor fees
  • Only a nominal success fee (of never more than 25% of the settlement) is due if the case wins.
  • If the case does not succeed the success fee is not paid

With this in mind, start as soon as you feel ready by:

Getting Further Help When Dealing With A Data Breach

Has your personal data been exposed by a probation officer data breach, then these resources on other related topics may help: