Verbal Disclosure Data Breach Compensation Claims
Is verbal disclosure a data breach? In some cases, it could be considered to be so.
A personal data breach claim will mean that your personal information has been involved in a security incident whereby it has either been lost, stolen, altered, destroyed accessed or disclosed accidentally or deliberately. In this guide, we will explain who is eligible to make a verbal disclosure data breach compensation claim.
Your claim will have its own unique aspects. So, we may not answer all your questions in this one guide.
Select A Section:
- What Is A Verbal Disclosure Data Breach?
- Verbal Disclosure Case Study
- How To Claim For A Verbal Disclosure Data Breach
- Calculating Damages For A Verbal Disclosure Data Breach
- Check If You Could Make A No Win No Fee Claim
What Is A Verbal Disclosure Data Breach?
Data protection laws do not protect all data and information only specifically identifiable information as well as special category data. Also for information to be protected, it must be processed either digitally or physically. So in certain circumstances when information is disclosed it may not have the protection from data security laws. However all processed personal data is protected.
A verbal disclosure data breach happens when a person who has access to your data, shares it with an unauthorised party. These data breaches can be due to simple mistakes and human error. They can be caused by staff not understanding that verbal disclosure of your personal data is actually a data-related security issue.
Verbal disclosure data breach claims will fit into specific criteria as shown below:
- Was the personal data that was verbally disclosed processed?
- Did those that should have been protecting the information fail in this aspect?
- Finally, did you suffer mentally or financially as a consequence?
There are several bodies of legislation in the UK, that apply to data privacy and security. Firstly, the UK General Data Protection Regulation (UK GDPR) and also, the Data Protection Act 2018 2018 (DPA). It is the role of the Information Commissioner’s Office (ICO) to administer compliance with these data regulations.
These data security laws aim to give you, the data subject, more rights over how your personal information is processed. They also apply stringent rules to organisations i.e. data controllers that handle personal data. If these laws are not adhered to and you suffer a data breach to your personal information you could be eligible to make a claim if you can show how you suffered as a consequence
Only what is termed your personal or special data is protected by law in the UK. Personal data would be things like your name, address, date of birth, phone number, email address, etc. It would also include financial information such as your bank account number and sort code, and details of a credit card or debit card. Special data would be information such as your religion and ethnic origin, membership of trade unions or political parties, genome data, etc.
Are Verbal Disclosure Data Breaches Common?
Are data breaches common? We have used information from the ICO who collects and publishes data security trends every financial quarter. These statistics have been taken from the 3rd quarter for 2021/22.
Verbal Disclosure Case Study
There was a High Court case on 25th February 2020, based on verbal disclosure by LGBT Foundation Limited. Due to LGBT disclosing information to the claimant’s doctor, Mr David Paul Scott felt this had breached his personal data.
The court dismissed the claim. Stating that as the data had not been stored or processed, it could not fall under data security and privacy laws. So in order to make a valid claim for verbal disclosure, it seems that whatever is disclosed must have been processed first.
How To Claim For A Verbal Disclosure Data Breach
Making a personal data breach claim for verbal disclosure will mean gathering evidence to support what you claim. Just above we described the criteria for making a valid personal data breach claim. So below we are going to look at steps you can take to strengthen any claim you want to make.
Firstly, make contact with the organisation or data controller you hold responsible for the data breach. You can ask them whether a data breach has happened. If so, they can tell you how badly your data was impacted. All correspondence can be used in your claim to show a data breach occurred, how it happened and what data was included.
Secondly, you can report the data breach to the ICO. However, you have to do this within three months of the last communication you had about the data breach with the third party involved. The ICO will not award you compensation but if they do agree to investigate the data breach any findings can be used in your case as evidence.
Calculating Damages For A Verbal Disclosure Data Breach
It is difficult to give an average figure for data breach compensation for a verbal disclosure data breach. Each claim is different. In 2015, the Court of Appeal heard the case Vidal-Hall and others v Google Inc. The claimants successful pursued damages for mental harm, even though there was no financial loss involved.
The table below gives examples of compensation ranges, all based on different levels of mental illness. We used the guidelines produced by the Judicial College to make this table. These are the same guidelines used by the legal system.
|Psycholgical Injuries||Severe||Where the sufferer will have severe issues related to work, home life, school, etc. And where the chance of recovery is low.||£54,830 to £115,730|
|Psycholgical Injuries||Moderately Severe||Where the sufferer will have a significant level of issues that impact their ability to work, personal relationships, etc.||£19,070 to £54,830|
|Psycholgical Injuries||Moderate||Although there were significant health issues at the outset the claimant will have made some recovery.||£5,860 to £19,070|
|Psycholgical Injuries||Less Severe||In this category, how much mental harm the patient suffered and for how long, will drive the compensation award.||£1,540 to £5,860|
|Post-Traumatic Stress Disorder (PTSD)||Severe||PTSD that will have a severe impact on the sufferer's life and ability to function normally.||£59,860 to £100,670|
|Post-Traumatic Stress Disorder (PTSD)||Moderately Severe||PTSD that will significantly impact the sufferer’s life professional help will be needed for any type of recovery.||£23,150 to £59,860|
|Post-Traumatic Stress Disorder (PTSD)||Moderate||There will be a good prognosis any symptoms that remain will only be minor.||£8,180 to £23,150|
|Post-Traumatic Stress Disorder (PTSD)||Less Severe||Within two years, the recovery from PTSD would be almost complete.||£3,950 to £8,180|
The table above covers non-material damages for pain and suffering. You may have suffered monetary loss because of the data breach. You could attempt to reclaim these losses as material damages. These can be future losses or ones you already faced. You will need to provide documented proof of the losses though. Contact our team to learn whether you can claim back your losses or not.
Click Here To Learn More About Claiming Data Breach Compensation
You may be able to make data breach claims by using a No Win No Fee lawyer. Such an agreement means you don’t have to pay anything to your solicitor for them to start working on your claim. You also don’t pay them any fees until the claim has been processed. If the claim fails, you don’t have to pay your solicitor a fee at all. But if they win your claim for you, they will request a small success fee, legally limited by law.
Do you have more questions about making a claim for a verbal disclosure data breach? Then contact our team using the information below for answers. They can provide you with any more information you need, and also help you to get a claim started as soon as possible.
Phone: 020 3870 4868
View Further Data Protection Breach Resources
Below you can find some other useful resources on data breaches:
Other guides we have published.
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