What is an Army Data Breach Compensation Claim?
This is a guide to making an army data breach claim. If you’re in the armed forces, then they may need to process your personal data for a number of different reasons. If this personal data is exposed, and you’re harmed as a result, then you may be able to claim data breach compensation.
However, you can only claim for a breach that was resulted from the wrongful conduct of the organisation in control of your data. We will look at the ways that an organisation’s failings could result in a breach of personal data.
In addition, this guide will also explore what effects you could experience if your information is exposed without a lawful basis for doing so. We also take a look at the compensation that you could receive for material damages and non-material damages provided you have evidence of the breach.
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- What Is An Army Data Breach Claim?
- Data Breaches By The Ministry Of Defence
- Reporting An Army Data Breach
- How Could Data Protection Breaches Be Prevented?
- How Much Could You Receive For An Army Data Breach Claim?
- What Is A No Win No Fee Army Data Breach Claim?
Any organisation that handles personal data is required to follow the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. These two pieces of legislation make up the regime that outlines data protection in the UK.
In order to make an army data breach claim, you must be able to prove that your personal information was exposed as the result of a security incident. A data breach is an incident that affects the confidentiality, integrity or availability of personal data.
In addition, you need to prove that the breach was the fault of the organisation in control of your data. For example, your personal data may have been exposed in a data breach that took place because of out-of-date security systems.
Our advisors are available 24 hours a day, seven days a week to offer you free legal advice about your claim’s eligibility. Furthermore, if you do have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Statistics On Government Data Protection Breaches
The Information Commissioner’s Office (ICO) is the UK’s independent authority on data privacy and protection. It collects and produces information on data breaches. We have included statistics on central government data breaches in the chart below.
You may experience stress due to a data breach, as well as the potential for other emotional as well as financial harm. Failure to comply with the GDPR could lead to military personnel, civilian staff and their families being at risk.
If you can prove the armed forces breached your personal data, causing you harm, you might be eligible to make an army data breach claim. This is the same whether it is a malicious attack or a breach that happens because of human error.
Breaches could occur when:
- Group emails are sent but the BCC function is not used, meaning that your email address is visible to everyone else on the email chain.
- A filing cabinet containing your medical records is left open and unlocked meaning that they can be accessed by someone without authorisation.
- Documents are insecurely disposed of, for example, not shredding papers containing email addresses and usernames where this is the accepted procedure.
- Hacking. However, you will only be able to claim where the failings on the part of the organisation allowed this to happen; for example because they failed to update their security systems.
If you can prove your data was breached, our advisors are standing by to discuss your potential claim.
You might be wondering what your data subject rights are after you’ve been involved in a data breach. You may have the right to claim; however, you may wish to report the data breach initially so that it can be investigated.
After a suspected breach, you could report it to:
- The data controller or processor. The organisation in control of the data should tell you about any breach that threatens your rights and freedoms without undue delay. However, if you suspect a breach and have not been told about it, you can ask the organisation directly.
- The Information Commissioner’s Office (ICO). You could also report the breach to the ICO. You should do so within three months of the last meaningful communication you have with them about the breach; if you wait any longer, they might decline to investigate.
Our advisors are available with free legal advice about reporting data breaches. Get in touch today; if you have a valid claim, an advisor could connect you with a No Win No Fee lawyer to work on your army data breach claim.
Robust security systems and training can prevent data breaches from occurring. This could eliminate the need for data subjects to make an army data breach claim.
Below, we’ve included some examples of how this can happen:
- Not every staff member needs to access every piece of information. To prevent unauthorised access, this information must be stored in a secure manner. If it is digital, it should be password protected. Paper files could be secured in a locked cabinet, for example.
- Staff need training in how to deal with personal data. This could include internet security, communication via email, social media, phishing and malware training. This can also include physically stored data; for example, training could be provided to emphasise the importance of good desk housekeeping.
- Online security systems. These should be robust enough to offer protection from hackers. Furthermore, they should be kept sufficiently up to date.
If you have evidence that a data breach exposed your data, causing you harm, our advisors could help you start a claim.
You could claim compensation for a personal data breach that was caused by the failings of the relevant organisation or entity. You could claim for material damages and/or non-material damages. We discuss each in further detail below.
Material damages refer to the financial harm that a breach has caused you. For example, if your credit card information was shared as a result of a breach, this could result in an impact on your credit score. Alternatively, if your bank details were stolen, then this could result in you losing out on money.
Following the Court of Appeal case Vidal-Hall and others v Google 2015, if you’ve experienced a data breach, you now could claim for psychological damages without experiencing material damages. You might be invited
Legal professionals can use a document titled the Judicial College Guidelines (JCG) to help assign value to your psychological injuries. It lists potential compensation brackets alongside injuries. We’ve included some of these in the table below.
|Less severe post traumatic stress disorder||£3,710 to £7,680||May still experience minor symptoms, but overall, a full recovery within 1-2 years.|
|Moderate post traumatic stress disorder||£7,680 to £21,730||Some continuing impact but not obviously disabling.|
|Moderately severe post traumatic stress disorder||£21,730 to £56,180||Some recovery with professional help, however, the symptoms will, on the balance of probabilities, cause significant disability for the foreseeable future.|
|Severe post traumatic stress disorder||£56,180 to £94,470||Permanent effect which prevents functioning at pre-trauma level.|
|Less severe general psychiatric damage||£1,440 to £5,500||May impact sleep and daily activities.|
|Moderate general psychiatric damage||£5,500 to £17,900||Relationships and lifestyle impacted but improvements made with a good prognosis.|
|Moderately severe general psychiatric damage||£17,900 to £51,460||Significant problems with relationships and lifestyle.|
|Severe general psychiatric damage||£51,460 to £108,620||Significant problems with relationships and lifestyle with a very poor prognosis.|
If you have evidence of a data breach, our advisors can discuss what classes as material or non-material damages. Furthermore, they could connect you with a lawyer from our panel provided you have a valid army data breach claim.
You might be eligible to make a data breach claim if you can prove that the entity in control of your data failed to protect it, resulting in a breach. You could find the process easier using a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA).
A No Win No Fee agreement is a way to reduce the financial risks that come with hiring a legal representative. If your claim proves successful, your solicitor will take a success fee from your award instead of you paying upfront or any ongoing fees. A legal cap applies to this success fee.
Our advisors are standing by to begin your claim today. If you have evidence your data was involved in a breach, and you were harmed as a result, you could make an army data breach claim.
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The following links might help you decide if you have evidence for an army data breach claim:
- Government Guide to Making a Data Protection Breach Complaint.
- Bring Your Own Device Guidance from the National Cybersecurity Centre
- ICO Special Category Data Guide
And more guides:
- Data Breach Compensation Examples
- Do No Win No Fee Scams Exist?
- Psychiatric and Mental Health Calculator