CCTV Data Breach Compensation Claims – Could I Make A Claim?

CCTV data breach compensation claims guide

CCTV data breach compensation claims guide

In this guide, we will discuss CCTV data breach compensation claims. Various parties, such as organisations, could use CCTV cameras as a precautionary security measure. However, the storing or using of CCTV footage in a way that does not comply with data protection laws could lead to a breach of personal data, which may cause you harm.

Please get in touch with Accident Claims UK today to enquire about No Win No Fee video data breach compensation claims. An advisor will be happy to answer any questions you may have about making a claim, such as ‘how is the compensation for a data breach calculated?’ Also, if your claim is found to be eligible, they could place you in contact with one of our experienced data breach solicitors.

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A Guide To CCTV Data Breach Compensation Claims

CCTV cameras can be used in a domestic environment or in public places to ensure the security and safety of workers, residents and the public. Therefore, they could, for example, capture footage showing an individual’s face, a car number plate or a home address. In that case, the footage contains personal data, which is information that can be used to identify an individual.

In the UK, personal data is protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). They sit beside one another as a system for monitoring the protection of personal data. Moreover, the UK GDPR creates a way for victims who have been harmed by a personal data breach to claim compensation.

The Information Commissioner’s Office (ICO) is an organisation in the UK tasked with upholding information rights. If an organisation is found to be liable for a personal data breach, the ICO has the power to investigate and issue monetary penalties accordingly.

The ICO broadly describes personal data breaches as security incidents that have affected the integrity, confidentiality or availability of personal data. They also explain that the data controller is responsible for the means and purposes of processing personal data. A data controller may outsource processing to data processors who are responsible for acting on the relevant controller’s instructions.

ICO Guidelines On Using CCTV In Domestic Settings

You are able to use a domestic CCTV system to help protect your home. However, if the CCTV captures images beyond the boundaries of your property, data protection laws may apply. For example, if a member of the public featured in the footage makes a Subject Access Request (SAR), you should respond to it accordingly. Therefore, you would be the data controller.

If capturing footage beyond the boundaries of your property, you should have a justifiable reason. You should also:

  • Put up signs to inform people that you are recording, using CCTV and why.
  • Ensure the footage you capture is stored and held securely.
  • Only keep footage if it is needed, and regularly delete footage that is no longer needed.

CCTV Data Breach Compensation Claims Against Employers

Would you like to know more about CCTV data breach compensation claims made against an employer? Employers should only collect personal data if they have one of the lawful bases outlined in Article 6 of the UK GDPR.

According to the Health and Safety Executive (HSE), CCTV can help to reduce the likelihood of work-related violence and crime occurring. It does this by:

  • Helping workers and customers feel safe
  • Deterring possible offenders
  • Providing evidence to convict offenders
  • Or helping to direct security staff to where they are needed

If an employer data breach, caused by a failure to comply with data protection laws, has resulted in you sustaining harm, you could be eligible to make a claim.  Contact our advisors to find out more about video data breach compensation claims.

Example Of A CCTV Data Breach At Work

We will now provide an illustrative case study showing how an employer could misuse CCTV at work.

An employer installs CCTV for safety purposes and to protect staff. As he is a data controller and is processing personal information in the form of images, he must ensure he protects and keeps secure the footage that is captured. However, due to lax security measures and failure to adhere to data protection laws, he does not lock away the footage that has been captured. This has allowed the footage to be stolen and possibly accessed by unauthorised persons. This has now caused his staff distress.

Contact us today to see if you are eligible to claim compensation for a CCTV data breach at work. If our advisors find you could be eligible, they may connect you with one of our data breach solicitors.

How To Make Video Data Breach Compensation Claims

An organisation should contact you if your personal data has been breached, resulting in a risk to your rights and freedom. They should also notify the ICO within 72 hours of discovering that the breach has occurred.

Then, whether you have been notified or you suspect a breach has occurred involving your personal data, you could raise a complaint with the organisation.

You can also complain to the ICO if you feel the organisation has not responded satisfactorily. They can investigate the incident, which can provide evidence to support your claim. However, you do not need to do this in order to make a claim.

Please contact our advisors for expert legal advice.

What Are Data Breach Compensation Claims Worth?

Claimants who make successful CCTV data breach compensation claims can receive up to two potential types of damage. These are:

  • Material damage, which compensates for the financial losses the personal data breach caused, such as money taken from your bank accounts. It is important to note you will need evidence such as bank statements to prove this.
  • Non-material damage compensates for the psychological injuries caused by the incident.

You can use the table below to help value non-material damage payouts for CCTV data breach compensation claims. We referred to the Judicial College guidelines (JCG), updated in April 2022, to create the table using compensation brackets from the document. Data breach solicitors also use this document to help value settlements.

Injury Severity Notes On This Injury Compensation Brackets
Mental Injury Generally Severe (a) The injury will impact various parts of the person’s life, they will have marked problems with their ability to cope with daily life. Also, their prognosis will be very poor. £54,830 to £115,730
Mental Injury Generally Moderately Severe (b) Similar problems will be present as in the bracket above, but the person will have a prognosis which is much more optimistic. £19,070 to £54,830
Mental Injury Generally Moderate (c) While the person will have suffered with problems coping with daily life, they will have made a marked improvement by trial and their prognosis will be good. £5,860 to £19,070
Mental Injury Generally Less Severe (d) The payout in this bracket is dependent on the degree the person’s sleep and daily life were affected, as well as how long the period of disability lasted. £1,540 to £5,860
Post-Traumatic Stress Disorder Severe (a) The injury will have permanent affects that leave this person unable to function at the level they did pre-trauma. £59,860 to £100,670
Post-Traumatic Stress Disorder Moderately Severe (b) This bracket differs from the one above due to there being a better prognosis with professional help. However the person could still have a significant disability for the foreseeable future. £23,150 to £59,860
Post-Traumatic Stress Disorder Moderate (c) The person will have largely recovered. Though some effects may last longer, they will not be grossly disabling. £8,180 to £23,150
Post-Traumatic Stress Disorder Less Severe (d) In the time frame of 1 to 2 years a virtually full recovery will have been made. Only minor symptoms will persist. £3,950 to £8,180

Every claim is unique, therefore the award amount can differ. Please contact our advisors to discuss your claim.

Start Your No Win No Fee Claim

You may still wonder, ‘what are the eligibility criteria for CCTV data breach compensation claims?’ These include:

  • Firstly a CCTV data breach occurred due to a failure on the part of the data controller or processor to comply with data protection laws.
  • Your personal data was involved in the breach.
  • Consequently, you experienced mental health injuries or monetary losses.

Solcitors could handle eligible CCTV data breach compensation claims on a No Win No Fee basis. A Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, means you will not pay any fees for the services of your solicitor should your claim be unsuccessful. Therefore you will not pay upfront or ongoing fees for these services.

However, your solicitor will receive a ‘success fee’ in the event your claim is successful. This is a small legally capped percentage of the compensation.

To enquire about making a data breach claim, please contact us today:

  • Dial 0800 073 8801 to speak to a claims advisor
  • Contact us by filling out our online claims form
  • Or use the live chat feature on this page

Learn More About Data Breach Claims

Take a look at more of our guides on personal data breach claims:

What Are My Rights After A Solicitors Data Breach?

How To Make A Data Breach Claim Against A Law Firm

What Are My Rights After A Loan Provider Data Breach?

We have also provided some external sources for you to explore:

Your rights to data protection – a government guide

Does an organisation need my consent? – information from the ICO

Guidance for protecting personal data when installing video surveillance systems from the ICO

We appreciate you reading this guide to CCTV data breach compensation claims.