Human Error Data Breach Compensation Claims
A human error data breach could occur due to organisations not training staff correctly on data safety and data security awareness. A data breach victim, those who have had their personal information breached, could suffer in two ways, firstly a data breach could cause stress or secondly lead to financial loss. This is a guide to how human error plays a role in data breaches. Also, we discuss what you can do about it if your personal information has been compromised.
We explain who a data controller is and what personal data they may have access to. We also discuss what data breaches need reporting to the independent body known as the Information Commissioner’s Office ICO. Most importantly we look at what data protection laws there are in this country to protect personal information.
The eligibility criteria for making a personal data breach claim will be discussed along with what damages you could claim for. Also, we look at filing for compensation using a No Win No Fee lawyer.
For more information from our advisors:
Select A Section
- What Is A Human Error Data Breach?
- Causes Of A Human Error Data Breach
- Types Of Human Error Data Breaches
- How To Prevent A Human Error Data Breach
- Human Error Data Breach Compensation Calculator
- Get In Touch With A No Win No Fee Data Breach Solicitor
In 2018 the EU created the EU General Data Protection Regulation GDPR which provides data subjects with a lot more rights when it comes to the processing of their personal information. This was enacted into UK law through the Data Protection Act 2018. However, since the UK left the EU we have created our own version of the General Data Protection Regulation known as the UK GDPR which runs alongside the updated Data Protection Act 2018.
Not all data you provide to an organisation is protected by data-protection laws. Only certain data that can identify you or be used with other information to identify you. Protected data includes:
- Date of Birth
- Phone Number
- Email Address
- Banking Details
- Medical Information
If the data controller failed to protect the personal information they hold about you, you might be able to claim data breach compensation. If hackers access your data, for example, due to the data controller not updating cybersecurity, you might have an eligible claim. The data controller or processor must be liable for the breach in order for you to be able to claim compensation.
The data controller must, without undue delay, notify you of the data breach if it affects your rights and freedoms. They must inform the ICO within 72 hours.
You should be informed of the data that has been compromised, such as if your email and password were included. If they inform you with an email, this email could serve as evidence should you wish to make a claim.
Free legal advice is available from our advisors if you have evidence that your data has been breached.
Data Breach Statistics
The Information Commissioner’s Office (ICO) collects quarterly statistics on data security incidents. We’ve provided a graph for the third quarter of 2021/22 below with the type of incident and how many.
As a data subject, you could experience a data breach due to human error. A data controller is generally an organisation that decides why data is going to be processed.
Your employer, for example, will hold certain information about you, such as your bank details. If this information is breached, you could be put at risk of financial harm and possibly sue your employer if they failed to protect this data accordingly.
It is vital that data controllers ensure that they comply with data protection laws and the principles laid out by the UK GDPR.
If a data controller fails to adhere to the following 7 Core Data Protection Principles a data breach could occur:
- Be Lawful, fair and transparent.
- Only collect data for the purpose intended.
- Just collect data that is needed
- Keep data accurate
- Keep it for only as long as is necessary
- Keep the data safe and secure
- Be accountable
Get in touch with our advisors if human error has lead to a breach of your personal information.
How Can Human Error Lead To A Data Breach:
- An employee could email personal data to the wrong recipient.
- Medical information could be sent to the wrong address
- Files containing personal and financial information could be left in an insecure location
- Fax sent to the wrong address
- Disclosure of personal data to an authorised party
Our expert advisors are available 24 hours a day, seven days a week to discuss your human error data breach.
The risks of human error data breaches could be reduced by:
- Reduce opportunities: Grant access to only what information is needed.
- Change the culture: Security discussions should be encouraged. Avoid employees guessing when it comes to security by making it easy to ask questions.
- Training: Make security topics interesting with relevant and engaging training. This should be ongoing rather than happening once. Inadequate training could result in data being left in inappropriate places.
If your data has been breached you might be able to claim compensation. Contact our advisors for more information.
A data breach could cause emotional distress as well as harm to your finances. If your human error data breach compensation claim is successful you can be awarded up to two different types of damage:
The first type of damage you could claim is material damage. Your credit score is negatively impacted and your bank account being drained are examples of material damages. It also potentially impacts your financial future and could make it difficult to obtain a credit card or mortgage. Evidence of material damages could be a bank statement.
Psychiatric and mental health harm suffered due to your personal data being compromised is claimed under non-material damages. You do not need to have material damages to claim for non-material damages. This is due to the Vidal-Hall and others v Google (2015) ruling. A medical report may be required to claim for non-material damages.
Valuation is placed on your emotional distress using the Judicial College Guidelines (JCG). This document provides solicitors with a list of injuries next to their potential compensation brackets. We’ve included examples of the emotional harm you could suffer, along with potential compensation in the table below.
Discuss the potential damages you could claim with one of our advisors today.
|Emotional distress||Potential Compensation||Details|
|Less severe post traumatic stress disorder||£3,710 to £7,680||Only minor symptoms persist beyond 1-2 years.|
|Less severe general psychiatric damage||£1,440 to £5,500||Daily activities and sleep might be impacted. Award considers length of disability.|
|Moderate post traumatic stress disorder||£7,680 to £21,730||Largely recovered but with some remaining non-grossly disabling symptoms.|
|Moderate general psychiatric damage||£5,500 to £17,900||Improvements on an inability to cope with life and relationships with a good prognosis.|
|Moderately severe post traumatic stress disorder||£21,730 to £56,180||Some recovery with professional help, but still likely to cause significant disability for foreseeable future.|
|Moderately severe general psychiatric damage||£17,900 to £51,460||Significant coping and relationship problems.|
|Severe general psychiatric damage||£51,460 to £108,620||Inability to cope with life, impacting relationships with a very poor prognosis.|
|Severe post traumatic stress disorder||£56,180 to £94,470||All areas of life are impacted from an inability to function at pre-trauma level.|
If you’ve experienced a human error data breach, you might like to claim compensation. A solicitor could simplify the process of claiming, making it seem easier for you. However, legal representation could prove costly. There is another way.
A No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA) offers a way to have legal representation for your human error data breach claim with minimised financial risk. The awards of successful claims will have a legally capped success fee taken instead of paying an upfront solicitors fee.
If you think you have an eligible human error data breach claim you can talk to our advisors. Free legal advice is available 24 hours a day, seven days a week. If your compensation claim seems valid, they could connect you to our panel of solicitors.
To begin your claim:
- Start your claim online
- Call us on 020 3870 4868
- Click on the live chat features at the bottom of the screen
Learn More About Your Rights Under The UK GDPR
Learn more about a human error data breach with these links:
- Cyber Security Data Breaches Survey 2021
- Claiming Data Breach Compensation Guide from the ICO
- How to Find Out What Information an Organisation Has About You Guide from the Government
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