Stolen Paperwork Data Breach Compensation Claims
Has your personal data been involved in a stolen paperwork data breach? As a result, you might experience stress as well as financial losses. In this guide, we will explore what to do after your personal information has been compromised.
The UK has laws in place to protect your personal data. This includes digital data, such as information stored electronically as well as physical data, such as paperwork. We will look at who is meant to protect data as well as what sort of data is meant to be protected.
In addition, we look at what could happen after your data has been breached. Once a data breach occurs, the data controller is meant to take steps, which could include notifying you.
We discuss what evidence you will need in order to prove your claim as well as look at the different heads that could make up a data breach claim settlement. Importantly we show how working with a No Win No Fee solicitor could benefit your case. We discuss these arrangements at the end of this guide.
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Select A Section
- What Is A Stolen Paperwork Data Breach?
- What Types Of Sensitive Data Could An Organisation Hold
- Steps Organisations Should Follow After A Stolen Paperwork Data Breach
- How To Claim Damages For A Stolen Paperwork Data Breach
- Stolen Paperwork Data Breach Settlement Amounts
- Connect To A No Win No Fee Data Breach Solicitor From Our Panel
You might have questions in relation to a data breach, such as ‘what kind of information can be stolen from data breaches’ and ‘can I get compensation for a data breach’. As a data subject, you should expect a certain level of data protection from organisations. When these protections are breached, your personal data could be lost or stolen.
To make a personal data breach claim for compensation after a stolen paperwork data breach, you must be able to prove you suffered as a result. In addition to proving it was caused by the organisation failing to protect your information.
Our advisors are here to discuss your potential claim.
Is Lost Or Stolen Paperwork A Data Security Breach?
Both the Data Protection Act 2018 and the UK General Data Protection Regulation UK GDPR are date security laws that aim to give you, the data subject, a lot more rights over how your data is handled. They also state how data controllers, organisations that handle personal data, should protect the data they process.
These laws are in place to protect personal information regardless of whether it is stored physically or electronically. The data controller is generally the organisation that collects the data. It is up to the controller to ensure your personal information is stored, handled and disposed of securely.
To claim data breach compensation the onus will be on you to prove the data controller failed to adhere to these pieces of legislation which led to your personal data being breached. When a data controller has taken all the necessary steps in keeping this data safe but a breach happens anyhow a claim is less likely.
A stolen paperwork data breach could occur:
- By failing to shred documents
- Leaving a file behind in public
- A file cabinet that is not locked away or secure
If you have evidence that you are a victim of a stolen paperwork data breach occurred contact our advisors.
Organisations could process various types of personal information, including that which is classed as special category data. This is data that is more sensitive and therefore requires more protection.
Special category data includes:
- Medical records
- Race or ethnic origin
- Political beliefs
- Religious beliefs
- Association with a trade union
- Sexual orientation or details of your sex life
Your sensitive personal information may be held in a file or in an online document.
Contact our advisors if your sensitive personal information has been stolen in a paperwork data breach.
Under the UK GDPR, data controllers/organisations should tell you if there was a data breach and it could infringe on your personal rights and freedoms. If there’s been a stolen paperwork data breach, they could alert you with a letter or via email for example.
As a data subject you should be told:
- The nature of the breach. With stolen, lost or destroyed paperwork this could be your medical records. In addition to containing identifiers such as your name, date of birth and address, medical records contain details of your physical and mental health. With lost medical records, for example, any recent tests may have to be repeated if the information is lost.
- Contact details of the data protection officer, if there is one. Also a contact point where more information is available. This could be a website, for example, with further details about the stolen paperwork data breach.
- Possible consequences. If we go back to the medical records example, possible consequences could include having details of any medical condition you have made public. This could result in stress due to a data breach.
- What the data controller has done or intends to do about the breach. This could include measures taken to prevent possible negative consequences to data subjects.
Within 72 hours of a notifiable breach, it must be reported to the Information Commissioner’s Office (ICO) by the data controller. A serious breach should be reported to data subjects without undue delay.
Contact our advisors if you have evidence of your personal information being breached.
Following a breach of data protection you might want to take certain steps beyond changing passwords and monitoring your bank accounts. Legal advice can be sought at any stage of reporting the stolen paperwork data breach.
- Firstly, you could complain to the organisation. In some cases, the organisation might have alerted you to the breach. They may not be aware a data breach occurred in other cases.
- Complain to the ICO. If you are not satisfied with how the organisation handled your complaint, the next step would be to complain to the ICO.
The UK GDPR (General Data Protection Regulation) gives you the right to make a data breach claim if you suffered either material or non-material damages. The breach must have occurred due to the failure of the data controller or processor to keep your personal data secure. If you’ve experienced a lost paperwork data breach, for example, this could have occurred because files were moved from one area to another without the correct approval or documentation.
If you’ve suffered as a result of a stolen paperwork data breach contact our advisors for free legal advice.
You might want to claim compensation if you have suffered due to a data breach. Two heads could form your claim; material damages and non-material damages. We discuss each in more detail below.
If you experience financial losses due to a data breach you could claim for material damages. You could also claim for potential future losses, such as an inability to obtain a mortgage as a result of the data breach.
Due to the Vidal-Hall and others v. Google Inc. 2015 Court of Appeal ruling you can now claim non-material damages without claiming material damages. Non-material damages cover psychological injuries experienced as a result of your stolen paperwork data breach.
Solicitors refer to a document titled the Judicial College Guidelines (JCG) to help assign potential value to your injuries. Injuries are listed next to their corresponding compensation brackets. Our advisors can estimate your damages based on your circumstances.
|Severe psychiatric harm.||£51,460 to £108,620||Inability to cope with life and relationships. Very poor prognosis.|
|Severe post traumatic stress disorder||£56,180 to £94,470||Inability to function at pre-trauma level with a permanent effect.|
|Moderately severe psychiatric harm.||£17,900 to £51,460||Inability to cope with life and relationships. Optimistic prognosis.|
|Moderately severe post traumatic stress disorder||£21,730 to £56,180||Significant disability but some improvement with professional help.|
|Moderate psychiatric harm.||£5,500 to £17,900||Improvements on ability to cope with life and personal relationships with a good prognosis.|
|Moderate post traumatic stress disorder||£7,680 to £21,730||Some symptoms remain but mainly recovered.|
|Less severe psychiatric harm.||£1,440 to £5,500||Impacts on daily activities with some period of disability.|
|Less severe post traumatic stress disorder||£3,710 to £7,680||Minor symptoms only persisting beyond 1-2 years.|
The claims process could seem easier with a solicitor. Traditionally, the costs of hiring legal representation were high. However, there is another way. If you would like to minimise the financial risks of hiring a solicitor, you can file your claim under a No Win No Fee arrangement, such as a Conditional Fee Agreement 2013 (CFA).
Under a No Win No Fee arrangement there are no upfront solicitors fees. Instead, a legally capped success fee is taken from the awards of successful claims.
Our expert advisors are waiting to discuss your potential stolen paperwork data breach claim. If you have suffered due to a data breach, why not contact us today? Our panel of solicitors could look at your claim if it seems eligible.
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Find Out About The UK GDPR And Data Breach Claims
You might find the following links useful:
- NHS Mental Health Services Guide
- Government Guide to Making a Data Protection Complaint
- Claiming Data Breach Compensation Guide from the ICO
And some more guides: