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.
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
- What Could Be A Probation Officer Data Breach?
- What Personal Data Is Processed At The Probation Service?
- Has The Ministry of Justice Suffered Data Breaches?
- What Could You Do If Your Data Has Been Breached?
- What Compensation Could You Claim?
- Find Out If You Could Claim For 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.
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:
- 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
- Investigations; and
- Or penalties.
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).
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.
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.
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:
- Speaking to our advisors on 020 3870 4868
- Contacting us online and requesting a callback
- Using the ‘live support’ option
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:
- Details on HR data breach claims
- More on your rights after a data breach
- Have your medical records data been breached?
- In addition to this, please read more about online safety tips
- Also, what steps you can take to improve personal data safety
- In conclusion, how to access your medical records as evidence