UK Home Office Data Breach – Could I Claim Compensation?

This guide will explore the steps you could take if you have evidence that your personal data was affected in a UK Home Office data breach. In some instances, it may be possible to bring forward a personal data breach claim, provided certain eligibility criteria are met. As we move through this guide, we will explore these criteria in more detail.

UK Home Office data breach

UK Home Office Data Breach – Could I Claim Compensation?

Additionally, we will explore what a personal data breach is, how this type of incident could occur and the ways you could be affected.

Furthermore, we will discuss the key pieces of data protection legislation that must be adhered to by certain third parties.

Finally, we will discuss how a solicitor could assist you, should you have an eligible claim. We will also explore the No Win No Fee terms under which they could offer their services.

Although we have aimed to cover the information you need in this guide, we understand you may have questions. If so, you can contact us today using the following details:

  • Telephone – Call on 020 3870 4868
  • Live chat – Speak with an advisor using the function below
  • Website – Fill out our online contact form to request a call-back. 

Select A Section

  1. UK Home Office Data Breach – Could I Claim Compensation?
  2. Examples Of How A Data Breach Could Occur
  3. How Could You Be Impacted By A UK Home Office Data Breach?
  4. What Steps Could Be Taken If A UK Home Office Data Breach Were To Occur?
  5. Calculating Data Breach Compensation Amounts
  6. Could I Use A No Win No Fee Solicitor For A Data Breach Claim?

UK Home Office Data Breach – Could I Claim Compensation?

The UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) outline the responsibilities that data controllers and data processors have with regard to the processing and storage of your personal data.

The Information Commissioner’s Office (ICO) provides a helpful definition of controllers and processors. It defines a controller as the party responsible for determining the purpose and means of processing your personal data. It also defines a processor as the party who processes the data on behalf of the controller.

If either of these parties failed to uphold their responsibilities as per data protection laws, it could lead to a breach of your personal data. This is defined by the ICO as a security breach that has led to your personal data being accidentally or unlawfully lost, altered or destroyed. It can also involve the unauthorised access to, or disclosure of, your personal data.

Personal data is information that can be used to identify you, either directly or indirectly. This can include your name, email address, phone number and bank details. Additionally, there is another type of personal data, known as special category data, which requires extra protection because it’s more sensitive. This can include data that reveals your racial or ethnic origin and biometric data that is used for identification purposes.

In order for you to make a personal data breach claim, it would be necessary to prove the following:

  • There was a failure on the part of the controller or processor to uphold their responsibilities as per data protection legislation.
  • As a result of their wrongful conduct, a breach involving your personal data occurred.
  • You to sustained psychological harm and/or financial damage as a result of the breach.

Time Limits For Data Breach Claims

Additionally, you would need to launch your claim within the relevant time frame. This is usually a period of 6 years, but can be reduced if the claim is against a public body.

If you have evidence that your personal data was compromised in a UK Home Office data breach, contact our team to discuss the potential steps you could take.

Examples Of How A Data Breach Could Occur

There are several types of data breaches, including cyber security incidents and those that occur as a result of human error, in which your personal data could be affected. Examples of how these could occur include:

  • A member of staff could send an email containing sensitive information to the wrong email address despite having the correct details on their system.
  • Failure to store a physical file containing your personal information securely could lead to documents being stolen.
  • Your personal information could be stolen in a ransomware attack due to an organisation failing to keep their cyber security systems up to date.

To discuss your specific case and find out whether you’re eligible to seek data breach compensation, please speak with an advisor via the number above.

How Could You Be Impacted By A UK Home Office Data Breach?

If your personal data is affected in a breach, it could affect you in several ways. Firstly, it could cause you psychological harm, including stress, anxiety, depression or other mental health problems, such as post-traumatic stress disorder.

Also, it could lead to you experiencing financial damage. For example, if your bank details, such as your sort code and account number, are affected in a breach, this could lead to you having money stolen from your account.

It may be possible to seek compensation for the ways you have been affected by a personal data breach, provided your claim meets the eligibility criteria outlined earlier in this guide.

To learn more, please contact an advisor by using the number at the top of the page.

What Steps Could Be Taken If A UK Home Office Data Breach Were To Occur?

In some cases, the ICO may carry out an investigation into the data breach incident and could issue fines or take other enforcement action against the organisation.

There are several steps you can take following a breach that has affected your personal data. Firstly, organisations should notify you of a breach without undue delay if it has affected your rights and freedoms. However, if they don’t, you could contact the organisation directly as they could provide more details about the nature of the breach and the information that was affected. Any correspondence you have with them, such as letters or emails, can be used as evidence to support your potential claim.

If they don’t respond at all or do not provide an adequate response, you can make a complaint to the ICO. The ICO can investigate your complaint and if the findings from their investigation support your claim, you could use these as evidence. 

You could also gather evidence to highlight how the breach has affected you. For example, you could request a copy of your medical records to show any mental harm. Also, you could keep a record of any financial losses via bank statements and credit card statements.

You can contact our advisors to discuss what you could potentially do if a UK Home Office data breach affected your personal data.

Calculating Data Breach Compensation Amounts 

Data breach settlements can include compensation for the following:

  • Material damage: This relates to any financial losses caused by the personal data breach. For instance, if you have had to take time off work due to the stress the breach has caused you, you could claim back any loss of earnings.
  • Non-material damage: This is the psychiatric or mental health issues you have experienced as a result of the personal data breach.

The Judicial College produces guidelines that solicitors can use to help them value how much you’re owed for any psychological harm, such as stress, anxiety or emotional distress. The table below includes figures from this document.

It is important to note that these figures are not an exact representation of what you could be awarded and actual settlements can vary. 

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Type Of Harm Compensation Brackets Description
(a) Severe General Psychiatric Damage £54,830 to £115,730 Cases where there has been a significant impact on the person’s ability to cope with different areas of life and they will have a very poor prognosis.
(b) Moderately Severe General Psychiatric Damage £19,070 to £54,830 The person will experience similar problems to the above bracket but will have a better prognosis and will have made a significant improvement.
(c) Moderate General Psychiatric Damage £5,860 to £19,070 The person will have made a significant improvement and have a good prognosis.
(d) Less Severe General Psychiatric Damage £1,540 to £5,860 Several factors will influence the award given, such as how badly their daily activities were affected and for how long.
(a) Severe PTSD £59,860 to £100,670 The person will be unable to function at the same level as before the trauma due to permanent issues.
(b) Moderately Severe PTSD £23,150 to £59,860 Due to receiving professional help, the person will make some recovery and have a better prognosis.
(c) Moderate PTSD £8,180 to £23,150 A large recovery will have taken place but there will be some continuing effects that aren’t hugely disabling.
(d) Less Severe PTSD £3,950 to £8,180 A near full recovery is achieved within a couple of years. There may be some symptoms that persist over a longer period, but these will be minor.

For more information about data breach compensation, please speak with an advisor on the number above.

Could I Use A No Win No Fee Solicitor For A Data Breach Claim?

Our panel of solicitors could potentially assist you with your claim, such as helping you gather evidence and valuing your settlement, under the terms of a No Win No Fee contract. There are different types, with one in particular allowing you access to your solicitors services without the need for you to pay upfront, while your claim proceeds or if your claim fails. This is known as a Conditional Fee Agreement (CFA).

If your claim is successful, then you would need to pay a success fee from your compensation. This fee is subject to a legal cap and is taken from your compensation. 

Contact Us

If you have evidence that a personal data breach occurred, you can get in touch with our advisors today. They can provide free guidance and advice on whether you’re eligible to claim. If they find that your claim has a chance of success and is valid, they can put you in touch with a data protection solicitor from our panel.

For more information, you can get in touch on the details below:

  • Telephone – 020 3870 4868
  • Live chat – Speak with an advisor using the function below
  • Website – Fill out our online contact form to request a call-back. 

Furthermore Data Breach Resources

Below, we have collated some of our other guides that you may find helpful:

Additionally, we have gathered some external resources that you may find beneficial:

Thank you for reading this guide on the steps you could potentially take if a UK Home Office data breach affected your personal data. Please get in touch if you have any additional questions.

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