Video Data Breach Compensation Claims Guide
This guide to video data breach compensation claims examines when you could be eligible to make a claim should your personal data processed on CCTV be breached.
You will get to see the importance of two major pieces of data protection legislation and how they define personal data and what a data breach is, as well as the criteria that they set for you, a data subject, to seek data breach compensation.
Further into the guide, you can see what evidence you should gather to help a claim win and how a successful outcome could see you compensated for the mental and financial impact of a data breach.
Finally, we outline why you should consider working with a data breach solicitor from our panel under No Win No Fee terms. Call us and speak to an advisor to find out even more and have your own possible claim assessed. All you need to do is either:
Select A Section
- Video Data Breach Compensation Claims Guide
- Does CCTV Footage Involve Personal Data?
- Types Of Evidence Supporting Video Data Breach Compensation Claims
- What Could You Claim For A Video Data Breach?
- Connect With A Specialist Solicitor Today
- Discover More About Data Breach Claims
Two parties who could be involved in data processing, as defined by Article 4 of the UK GDPR, are data controllers and data processors. Data controllers, the decision-makers, will decide the means and purpose for processing your personal data. Controllers can be natural or legal persons, public authorities, agencies or organisations. They may process the information themselves, or they can outsource this task to a data processor.
A failure to process data properly could result in a personal data breach, a security matter impacting the confidentiality, availability or integrity of someone’s data. This definition comes from the Information Commissioner’s Office (ICO), an independent body set up to safeguard the public’s data rights and freedoms.
For data subjects to be eligible to make video data breach compensation claims, the following eligibility criteria must be met:
- The data controller or processor failed to uphold their obligations as set out by data protection law.
- This led to a personal data breach that affected your data.
- Because of this, you suffered psychological and/or financial harm.
Check What Time Limit May Apply To Your Claim
Make sure to start your claim in time. The time limit for starting a data breach claim is generally six years, though it can fall to one year if the claim is against a public organisation.
For more information on making a claim for a breach of the UK GDPR and to learn how long you have to take legal action, give us a call.
Personal data is any processed information that can be used to identify you alone or along with other data. Processed video footage that can identify you, i.e. contains images of your face, counts as personal data. Examples of other types of personal data can include your:
- Phone number.
- Car registration
CCTV footage could capture your personal data in the form of your facial image or your car registration.
Your image may be captured on CCTV, whether in a public place or on private property. Government guidance states that organisations should make it clear to visitors that they are being recorded and should register with the ICO. Individuals could also set up domestic CCTV, for example, outside their front door. You have the right to request CCTV footage of yourself.
When your personal data, such as your facial image, is captured on CCTV, this must be processed in accordance with data protection laws. Should this fail to happen and your personal data, such as an image of your face, is breached, those in control of the CCTV footage could be liable should you suffer any financial or mental health repercussions.
To learn more about data breach claims and see whether you can claim compensation for the way your data was handled, call today and share your experience with an advisor.
You should collect as much evidence as possible to support your case. Video data breach compensation claims may stand a better chance of success if a claimant or their solicitor can call upon:
- Records of correspondence with the organisation the claim is against. For example, a data breach notice letter or an email. If an organisation learns that a video data breach has occurred and puts your rights and freedoms at risk, they should contact you without undue delay.
- Medical records if you have suffered mentally because of the breach. You could request a copy of your medical records from your healthcare provider.
- Proof of financial loss. For example, lost wages due to taking time away from work to recover from a mental health condition.
If you have not received a data breach notification letter but suspect your personal data has been breached, you can also contact the organisation yourself. Keep any correspondence you receive, as it could be used as evidence.
You can then complain to the ICO if you have waited for an adequate response and have not received one. If they investigate and uncover wrongdoing, you might be able to use their report as further proof.
A solicitor from our panel could help you collect and present this evidence if instructed to do so. Learn more about the work a solicitor can do for you by speaking to one of our advisors.
There are two types of damage that a personal data breach settlement could compensate you for.
Firstly, there is non-material damage. This is the impact that the personal data breach has had on your mental well-being. Compensation could therefore be sought for a psychological injury that arises as a result of a breach.
A value on mental injuries like stress, anxiety or depression during a claim may be done so with the help of the Judicial College Guidelines (JCG), a publication that attaches compensation guidelines brackets to different areas of injury or illness and an independent medical assessment report.
This table features JCG compensation guideline figures for different psychological injuries. However, it should only be used as a guide. The payout for a personal data breach claim will vary.
|Psychological Damage||Severe||£54,830 to £115,730||The affected person has a very poor prognosis and clear problems handling education, work and general life.|
|Moderately Severe||£19,070 to £54,830||Significant issues with life but a prognosis that is more positive than for severe cases.|
|Moderate||£5,860 to £19,070||There are issues handling life and relationships. However, the affected person shows evident signs of improvement.|
|Less Severe||£1,540 to £5,860||The award will consider the extent to which general life and sleep are impacted.|
|Post-Traumatic Stress Disorder (PTSD)||Severe||£59,860 to £100,670||Permanent effects of the condition prevent the affected person from working or at least functioning at anything close to a pre-trauma level.|
|Moderately Severe||£23,150 to £59,860||Significant disability will persist for the foreseeable future but the prognosis is better if the claimant seeks out professional help.|
|Moderate||£8,180 to £23,150||The injured person mostly recovers and ongoing effects are not grossly disabling.|
|Less Severe||£3,950 to £8,180||Only minor symptoms will persist for longer than a one to two year recovery period.|
Material damage refers to financial loss emerging from a data breach. For example, if footage showed your banking details and someone used it to make unauthorised payments, you could seek a payment to cover what you lost.
You could claim purely for material damage, just as you can focus your claim entirely on non-material damage. If you were affected financially and psychologically, compensation for both forms of damage can be sought.
If you would like any more information about data breach compensation and what you can claim for, just give us a call.
To find out if you could work with a data breach solicitor from our expert panel, why not give a claims advisor a call today? They will assess the merits of your personal data breach claim in a free, no-obligation consultation. When they can see that you have good grounds to seek data breach compensation, they could connect you with a solicitor from our panel.
A solicitor from our panel could take on your case under No Win No Fee terms. A Conditional Fee Agreement offered by a solicitor would ensure no payment for their work either in advance or during the claim. Losing the case would mean no charge for their services at all.
If you win, a percentage of your compensation will go to the solicitor as their success fee. A legal cap binds it due to The Conditional Fee Agreements Order 2013.
How To Contact Our Team
Speak to one of our dedicated advisors if you would like to know more about the data breach claims process. You can also have your potential case evaluated. If you have a valid reason to seek compensation, you could be put in touch with a solicitor from our panel.
To reach us for guidance and information:
Here are some further guides from us:
- Sharing personal information without consent might be cause for a claim, but there are other factors to consider, as our guide explains.
- How does a data breach compensation calculator work? Read this article to learn more.
- More guidance on how to report a UK GDPR breach and seek compensation for its effects.
These resources could also help:
- The ICO explains your right of access to data.
- Guidance on how to protect yourself from a data breach from the National Cyber Security Centre.
- Government information on claiming Statutory Sick Pay if you cannot work while suffering with illness.
Thank you for reading our guide to video data breach compensation claims. If you want to discuss anything you have read here or have any questions, just call the above number.