Did an ex-wife data breach allow your personal data to be sent to an ex-partner unlawfully? If a personal data breach has caused you harm, you may be wondering if you are eligible to claim.
Any organisation that handles the personal data of UK residents must do so in accordance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). This legislation is enforced by an independent data protection watchdog based in the UK called the Information Commissioner Office (ICO).
Our article will explain what a personal data breach is and what you can do if your ex-wife was able to access your personal information. We will also discuss who is eligible to make a personal data breach claim and how your personal data could be compromised.
Our advisors can answer any questions you may have about making a claim for compensation following a personal data breach. They can also offer you free legal advice and can identify whether or not you have a valid claim. If your claim is eligible, they may connect you with one of our expert solicitors.
Get in touch to learn more:
Select A Section
- What Is An Ex-Wife Data Breach?
- What Could Cause An Ex-Wife Data Breach?
- What Personal Information Could Be Sent To An Ex-Partner?
- Can You Claim For A Data Breach Involving A Former Partner?
- Examples Of Settlements For An Ex-Wife Data Breach
- Make A No Win No Fee Data Breach Claim
A data breach can be any security incident that compromises the integrity, confidentiality and availability of your personal data. This is any information that could identify you and can range from your name, phone number, or email address, all the way up to your medical records or bank account number.
If a data controller or data processor compromises your personal data in a way that allows your ex-wife to access it without authorisation, this is an ex-wife data breach. A data controller decides how they intend to use your personal data, as well as why. A data processor, on the other hand, follows the controller’s instructions to process the data.
However, not all instances of a personal data breach will allow you to claim. Read on to learn about the criteria for making an ex-wife data breach claim. Or, get in touch with our advisors to start your claim today.
There are many ways that an ex-wife data breach could occur. However, in order to claim, you must be able to prove both that the breach caused you harm and that it was a result of wrongful conduct on the part of the data controller or processor.
Some examples of how wrongful conduct could lead to a personal data breach include:
- Misdelivery: For example, your personal data could be sent to the wrong email address or to the wrong postal address as a result of outdated records. This could allow your ex-wife to access the data.
- Verbal disclosure: This can be a form of human error. For example, if an employee at a GP surgery were to disclose your personal data to your ex-wife over the phone without conducting the appropriate security checks.
- Cyberattacks: Organisations that store and process personal data must ensure adequate cybersecurity systems are in place. If they do not, they could fall victim to a cyberattack, which could result in personal data being exposed on the internet.
How Often Is Data Sent To The Wrong Person?
The ICO collect reports of data security incidents and later publish these in quarterly data security incident trend reports. According to these reports, in 2022, the most common form of reported data security incident was data that was emailed to the wrong person. This made up 18% of all reports.
Get in touch with our advisors to start your personal data breach claim today. Or, read on to learn what personal data could be affected by an ex-wife data breach.
As we previously stated, personal data is any information that could identify you. Some examples of information that could be sent to your ex-partner include your name, postal address, and email address.
Breaches Of Financial Records
Not all financial information is personal data. However, some banking details, such as a bank account number, sort code, or credit card number, are considered personal data. As such, the UK GDPR and DPA protect financial records that hold personal data.
Breaches of Medical Records
Your medical records fall under a category of personal data known as special category data. Special category data needs extra protection under the UK GDPR and includes your health information. For example, your medical records may detail your medical conditions, treatments, and prescriptions. As such, they are special category data.
If your personal data has been sent to your ex-wife in a data breach, get in touch with our team today.
As we mentioned earlier on in this article, the UK GDPR states who can claim for a personal data breach. There are certain criteria that every claim must meet in order to be valid. These include:
- The breach must involve your personal data
- The failings of the data controller or processor must cause the breach
- You must experience either financial or psychological harm as a result of the breach
If you can prove that your claim meets this criteria, then you may be eligible to make an ex-wife data breach claim. To learn more, get in touch with our advisors today.
There are two areas of compensation you could pursue in a personal data breach claim. The first is non-material damage. Non-material damage aims to compensate you for the psychological injuries you suffer because of the personal data breach For example, if you suffer anxiety after a breach, or if it worsens your existing mental health problems, this could be claimed for under non-material damage.
You may be wondering how much compensation you could receive for a successful non-material damage claim. Below, you can find a table of guideline compensation figures taken from the Judicial College Guidelines (JCG). The JCG helps solicitors and other legal professionals value claims by providing guideline settlement amounts.
|Description of Injury
|General Psychiatric Damage
|A poor prognosis and marked impact on all areas of the person’s life.
|Severe – £54,830 to £115,730
|General Psychiatric Damage
|A more favourable prognosis than the bracket above, though symptoms are similar.
|Moderately Severe – £19,070 to £54,830
|General Psychiatric Damage
|An improvement in symptoms is seen by the time the case may need to go to trial.
|Moderate – £5,860 to £19,070
|General Psychiatric Damage
|Award depends on the length of injury, and the effect symptoms have on daily activities.
|Less Severe – £1,540 to £5,860
|Post-Traumatic Stress Disorder (PTSD)
|Symptoms are permanent, severe, and prevent any function at the pre-trauma level.
|Severe – £59,860 to £100,670
|A better prognosis occurs due to the chance of some recovery with professional intervention.
|Moderately Severe – £23,150 to £59,860
|Overall a large recovery, with persisting problems not being grossly disabling.
|Moderate – £8,180 to £23,150
|Virtually full recovery within a 1 – 2 year period and minor issues only persisting beyond this.
|Less Severe – £3,950 to £8,180
Can I Claim Material Damage?
The second area is material damage. This aims to provide compensation for the financial aspects of the breach.
For example, if your ex-wife gains access to your credit card details, then this could allow her to make fraudulent purchases in your name. Or, you may need to take time away from work to recover from the mental strain of the breach. This could result in a loss of earnings.
To learn more about making an ex-wife data breach claim, get in touch with our advisors today.
You may be wondering how a No Win No Fee arrangement could benefit you and your claim. Under a No Win No Fee agreement, such as a Conditional Fee Agreement (CFA), you can receive the benefits of legal representation, generally without having to pay your solicitor any fees.
Our solicitors offer representation through a CFA. Usually, the only fee you have to pay to a CFA solicitor is a success fee, and this is only if your claim succeeds. If it doesn’t, you don’t pay it.
Get in touch with our team to learn more. If they find you have a valid claim, they may connect with one of our solicitors. Start your ex-wife data breach claim today:
Learn More About Protecting Your data
For more helpful guides:
- Your rights after a social services data breach
- What are my rights after a school data breach?
- Private healthcare provider data breach claims
Or for more resources:
Thank you for reading our guide on how to make a claim for an ex-wife data breach.
Guide by JW
Edited by CH