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Throughout this guide, we will discuss the potential steps that could be taken if a Probation Service data breach were to occur. There are some instances in which a personal data breach claim could be made. However, in order to be eligible, there are a set of criteria that need to be met. We will explore these in more detail later on in our guide, as well as discuss the time limits for starting legal proceedings.
Probation Service Data Breach – Could I Make A Claim?
Additionally, we will discuss the responsibilities that certain parties have to protect your personal data and the legislation that they need to adhere to. We will also define what a breach of personal data is and how it could affect you.
Furthermore, you can find information on how compensation for a data breach is calculated and what each settlement could comprise.
Finally, we outline the benefits of working with a solicitor under a type of No Win No Fee agreement called a Conditional Fee Agreement.
For more information, please get in touch with an advisor via the contact details provided below:
To begin, a personal data breach is a security incident affecting the confidentiality and availability of your personal data as well as it’s integrity, as defined by the Information Commissioner’s Office (ICO).
The UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 outline the responsibilities data controllers and data processors have to protect your personal data. Each of these parties has a different role. Firstly, the data controller decides how and why your personal data will be processed and may process it themselves. Secondly, the data processor acts on the instruction of the controller. Both need to adhere to data protection laws.
If they fail to do so, their wrongful conduct could lead to your personal data becoming compromised. As a result, you may experience financial damage or mental harm.
To make a claim for a personal data breach, you should be able to meet the following eligibility criteria set out in Article 82 of the UK GDPR:
To discuss when you might be eligible to claim following a breach of your personal data, please speak with an advisor by calling the number above.
Personal data is defined as any information that could be used to identify you. It can include your name, address, National Insurance number, credit card details, or email address.
Additionally, there is another type of personal data known as special category data. This is sensitive in nature and, therefore, requires extra protection. It can include data revealing your ethnic or racial origin or data concerning your health or sexual orientation.
Article 10 of the UK GDPR states that extra protection is given to criminal offence data. This includes personal data relating to:
If any of this information is affected in a breach it could result in you experiencing damage to your finances, mental harm, or both as a result.
To discuss the steps you could take if a Probation Service data breach were to occur, please contact an advisor via the number at the top of the page.
In addition to meeting the eligibility criteria laid out in the above section, you also need to ensure you start your personal data breach claim within the limitation period.
Generally, you will have six years to begin legal proceedings. However, the time limit can be reduced to 1 year if you are claiming against a public body.
To find out more about the data breach time limit, please get in touch using the details provided above.
Following a successful data breach claim, you could receive compensation for the emotional injuries you experienced as a result of the personal data breach. This is known as non-material damage and can include emotional distress, stress, anxiety and depression.
Evidence, such as copies of medical records and notes from a therapist or GP, can support your claim for the mental harm you suffered due to the breach. It can also be used alongside the Judicial College Guidelines to help solicitors when they are valuing this aspect of your claim. This document contains a list of guideline compensation amounts, some of which we have included in the following table.
However, the figures are not necessarily a reflection of the data breach compensation you could receive. This is because all settlements are calculated on a case-by-case basis.
| Harm Type | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Psychiatric Damage | Severe (a) | £54,830 – £115,730 | The ability to cope with life, work, and personal relationships is markedly affected and the prognosis is poor. |
| Moderately Severe (b) | £19,070 – £54,830 | Significant problems with relationships and coping with work but the prognosis is more optimistic. | |
| Moderate (c) | £5,860 – £19,070 | There are problems with managing the aspects of life mentioned above but there has been marked improvement. Also, the person will have a good prognosis. | |
| Less Severe (d) | £1,540 – £5,860 | The duration of the disability and how badly daily activities and sleep has been affected will be considered. | |
| Post-Traumatic Stress Disorder | Severe (a) | £59,860 – £100,670 | The effects are permanent and have affected the persons ability to work and function at a pre-trauma level. |
| Moderately Severe (b) | £23,150 – £59,860 | There is a better prognosis and some recovery if the help of a professional is sought. | |
| Moderate (c) | £8,180 – £23,150 | The majority of the recovery has taken place and the effects that persist are not substantial. | |
| Less Severe (d) | £3,950 – £8,180 | A full recovery is made within one to two years with only minor symptoms continuing. |
The other compensation you may receive as part of your overall settlement is for the material damage you have suffered. This is the financial losses you have experienced due to the data breach. For example, if your banking details were shared, you may have suffered a loss of money due to somebody else using your information to access your bank account.
Any documentation, such as bank statements, showing the financial impact of the data breach, can help prove any monetary losses.
To find out more about data breach settlements and what you could be entitled to receive following a successful claim, please get in touch with an advisor. They can provide a personalised estimate of the compensation that could be awarded to you.
One of our solicitors may offer to work your claim on a No Win No Fee basis, offering you a Conditional Fee Agreement.
Generally, these types of contracts tend to operate in a way which means if your claim is unsuccessful, there will be no obligation for you to pay for the services that your solicitor has provided.
Comparatively, if your claim is a success, your solicitor will take a success fee from your compensation. The percentage which they are legally permitted to take is restricted by the Conditional Fee Agreements Order 2013.
For more information on this kind of arrangement, please get in touch with a member of our team. You could be connected with one of our solicitors, provided you have legitimate grounds to seek data breach compensation.
We hope this guide on the steps you could potentially take if a Probation Service data breach were to occur has helped. However, if you have any questions, please don’t hesitate to contact an advisor. To reach them, you can:
Below, you can find more of our guides:
For more helpful information, please explore the listed pages:
Thank you for reading this guide on the steps you could potentially take should a Probation Service data breach occur. If you have any questions, please speak with an advisor from our team by calling on the number above.
Guide by EM
Edited by MMI
