If you suffer harm as a result of a divorce lawyer data protection breach, you may be eligible for compensation. A divorce can be a difficult time, and a divorce lawyer may require various kinds of personal data from you. If this data is compromised in a personal data breach, the effects could cause significant harm.
Divorce lawyer data protection breach claims guide
In this guide, we’ll look at how a divorce lawyer data breach can occur. We will also explain what a personal data breach is and what kinds of data are protected by legislation.
You may be wondering if you could be eligible to claim compensation. We’ll outline the specific criteria in place for making a personal data breach claim, alongside guideline compensation brackets.
Finally, we will explain how a data protection solicitor could help you through the claims process under a No Win No Fee agreement. Our advisors can tell you more about how one of our solicitors could help you when you get in touch today.
To contact us:
- Website: Contact us through the contact form on our website
- Phone: 0800 073 8801
- Live chat: Speak to one of our advisors today
Select A Section
- What Is A Divorce Lawyer Data Protection Breach?
- What Could Cause A Divorce Lawyer Data Protection Breach?
- What Personal Data Can A Divorce Lawyer Hold?
- Are There Time Limits To Claim Compensation?
- How Much Could You Claim For A Divorce Lawyer Data Protection Breach?
- How To Make A Data Protection Breach Claim
What Is A Divorce Lawyer Data Protection Breach?
A divorce lawyer data protection breach occurs when the wrongful conduct of your divorce lawyer compromises the integrity, availability or confidentiality of your personal data. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) set out the steps that organisations must follow in order to store or process the personal data of UK residents.
Personal data is information that could identify you. For example, your divorce lawyer may collect your full name, date of birth, and postal address. However, they may also have access to special category data. This is a subtype of personal data that needs extra protection according to data protection legislation and can include information that relates to your sexual orientation, racial or ethnic origin, and health.
A data protection breach is when there is a breakdown in the protection of personal data. If a divorce lawyer has breached data protection it could lead to clients suffering financial harm or psychological harm. We further discuss the effects a data breach could have on you in this guide.
If you want to discuss them further, speak to one of our advisors today.
What Could Cause A Divorce Lawyer Data Protection Breach?
A divorce lawyer data protection breach could happen in different ways, but not all cases of a divorce lawyer data breach will result in a valid claim. This is because your case must meet certain criteria in order to be eligible. We will explain these criteria later in the article.
Some examples of how a divorce lawyer data protection breach could occur include:
- Misdelivery of data: An email that contains the personal data of a client is sent to the wrong email address. This allows third parties access to the client’s personal data.
- Inadequate disposal: Documents that contain personal data are not shredded or redacted before they are disposed of.
- Cyberattacks: Cybercriminals can use malware and viruses to steal personal information from secure networks. Because of this, divorce lawyers or law firms must ensure that their cybersecurity policies are up to date and adequate. If they fail to do so and a cyberattack occurs that causes you harm, you may be able to claim.
Data Protection Statistics
The Information Commissioner’s Office (ICO) is an independent watchdog responsible for enforcing data protection laws. They also collect and publish statistics relating to data security incidents throughout the financial year.
According to these statistics, there were reports of 2,172 data security incidents in Q4 of the 20211/22 financial year. Of this number, 141 reports were under the legal sector, split into 33 cyber-incidents and 108 non-cyber incidents.
Get in touch with us today if you have any questions about a divorce lawyer data protection breach.
What Personal Data Can A Divorce Lawyer Hold?
A divorce lawyer may hold many kinds of personal data, including:
- Your name
- Date of birth
- Postal address
- Email address
- Date of birth
- Debit or credit card details
As we mentioned earlier, there is a subtype of personal data known as special category data. The kinds of special category data your divorce lawyer may have access can include:
- Information regarding your religious or philosophical beliefs
- Information regarding your sexual orientation
- Data surrounding your political leanings
- Your racial or ethnic origin
- Health data
If a personal data breach were to occur, this could cause significant harm. However, in order for your claim to be valid, the breach must be a result of the organisation’s failings. It must also include your personal data, and you must suffer harm either financially or psychologically as a result.
To learn more about making a claim following a divorce lawyer data protection breach, contact our team.
Are There Time Limits To Claim Compensation?
There are time limits when making compensation claims. This can affect your eligibility to claim, and as such it is important to know if your case falls within the relevant limits.
Generally, you have six years to start a personal data breach claim. However, if you intend to start a claim against a public body, this limit becomes one year.
Our advisors can tell you more about how time limits could affect your claim and can tell you if your claim is valid.
How Much Could You Claim For A Divorce Lawyer Data Protection Breach?
When you make a divorce lawyer data protection breach claim, you can claim for two forms of damage. Data breach compensation is calculated based on the impact of any financial losses or psychological harm. These are:
- Non-material damage: Awards for compensation for psychological injuries that have been caused. For example, depression, distress, and anxiety.
- Material damage: Compensates for financial losses, such as money stolen from your account, or damage to your credit score.
In 2015, the Court of Appeal ruled in the case of Vidal-Hall and Others V Google Inc [2015] that claimants may seek compensation for non-material damage without also claiming for material damage.
The figures in the table below have been collected from the Judicial College Guidelines (JCG). These guidelines were produced to aid with the valuation of compensation claims. This includes personal injury claims, personal data breach claims, medical negligence claims and road traffic accident claims.
| Psychological Harm | Compensation Brackets | Description of injury |
|---|---|---|
| Mental Suffering: Severe (a) | £54,830 – £115,730 | Severe symptoms will persist, affecting a large number of social factors. Including the ability to socialise or to work |
| Mental Suffering: Moderately Severe (b) | £19,070 – £54,830 | Significant effects will continue, but with a more optimistic prognosis. |
| Mental Suffering: Moderate (c) | £5,860 – £19,070 | A good prognosis follows a marked improvement of symptoms by the time of trial. |
| Mental Suffering: Less Severe (d) | £1,540 – £5,860 | Consideration is given to the length and severity of remaining symptoms, such as the affect on sleep. |
| Trauma stress syndrome: Severe (a) | £59,860-£100,670 | Permanent effects impact daily life and the ability to work and socialise at the pre-trauma level. |
| Trauma stress syndrome: Moderately Severe (b) | £23,150 – £59,860 | A brighter prognosis as a result of some chance for recovery with professional help. |
| Trauma stress syndrome: Moderate | £8,180 – £23,150 | A recovery with any remaining effects non-disabling. |
| Trauma stress syndrome: Less Severe (d) | £3,950 – £8,180 | A full recovery within 1-2 years, with only minor effects remaining if any. |
These figures are guideline amounts only. For a free estimate of what your claim could be worth, contact our team.
How To Make A Data Protection Breach Claim
Data protection can seem like a complex area of the law, and starting a claim can seem daunting. However, the help and guidance of a No Win No Fee solicitor could make the process seem less stressful.
Our solicitors offer legal representation for minimal financial risk through a Conditional Fee Agreement (CFA). CFAs allow you to access legal representation without paying any upfront or ongoing fees. If your claim is successful, your solicitor will take a success fee. This fee is a percentage of your compensation with a legal cap. However, if your claim fails, you will not pay this fee.
Contact our advisors to learn more. If they find your claim to be valid, they may connect you with one of our solicitors.
To get in touch:
- Website: Contact us through the contact form on our website
- Phone: 0800 073 8801
- Live chat: Speak to one of our advisors today
Claims Against Law Firms
For more helpful external resources related to claims against law firms:
Or, for more helpful guides:
- What are my rights after an employer data breach?
- Child adoption data breach – How to claim compensation?
- What are my rights after a solicitor data breach?
A divorce lawyer data protection breach can have a large impact on your life. Speak to one of our advisors about your claim today.
Writer EW
Edited by CH