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A conveyancing solicitor is responsible for handling the legal aspects when you’re buying or selling a property. As a data controller, they set the purpose for how your data will be processed and must adhere to data protection laws. If they fail to do so, it could result in a conveyancing solicitors data protection breach. This guide will explore when you might be eligible to claim following this type of incident.
A guide on a conveyancing solicitors data protection breach
In this guide, we’ll look at the responsibilities a data controller has to protect your personal data as per data protection laws. We will also look at the type of personal data they could hold for you and how this data could be breached.
Furthermore, we will look at your rights after a solicitors data breach, including your right to claim compensation.
Our advisors can offer free legal advice and guidance on your case, they could also put you in touch with one of our data breach solicitors who may offer you a No Win No Fee service. For more information, please get in touch using the details below:
A data protection breach could involve a data controller failing to adhere to data protection law. It could also involve a data processor who acts on behalf of the controller. If there is a failure on the part of the data controller or processor to protect personal data, either through human error or cyber attack, it could result in a personal data breach. This is a security incident that affects the confidentiality, integrity or availability of personal data which could include personal information being lost, destroyed or altered either accidentally or unlawfully.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) set out a data controller and data processor’s responsibilities for protecting your personal data. It also gives those who have been affected by a personal data breach the right to claim compensation.
In order to make a claim following a conveyancing solicitors data protection breach, you must be able to prove:
Contact us today for more information on if you can make a claim following a personal data breach.
There are several ways a data protection breach could occur. For example, an organisation may have failed to update their cyber security or to provide adequate data protection training to their employees leading to a breach compromising your personal data. The latter could be considered an employer data breach. An example of this type of breach could include an employee failing to put away your file in a locked cabinet leading to someone unauthorised accessing your personal information.
Personal data is any information that could be used to identify you. The type of personal information your solicitor could hold for you might include:
An example of how a data protection breach leading to your personal data becoming compromised could occur is through human error. For instance, your solicitor might send an email containing details of the purchase of your new home to the wrong email address.
Speak to us today about your claim, we can provide information on the other examples of data protection breaches, if you believe that a conveyance solicitor has breached your data.
The Information Commissioner’s Office (ICO) is in place to uphold the rights and freedoms of a data subject. Additionally, they provide a useful insight into data security incident trends. As per these trends, there were 141 non-cyber and cyber security incidents in quarter 4 of the financial year 2021/2022.
Below, we have listed some of the security incidents, both non-cyber and cyber, that occurred in the legal sector during the same period.
In 2021, Premier Property Lawyers (PPL) experienced a cyber security incident after systems went down causing delays on house sales. The incident left thousands of buyers with transactions not being processed but it was not found to have compromised any client personal data.
It’s important to note that not all security incidents lead to you being able to claim compensation. You must be able to prove that you experienced mental harm or financial loss after an organisation’s failings caused your personal data to become compromised.
Source: http://www.bbc.co.uk/news/uk-england-leicestershire-59334339
Specific time limits are set in place for personal data breach claims. Data breach compensation claims must be started within 6 years. However, this is reduced to 1 year when making a claim against a public body.
You can call us to discuss the time limits when claiming following a conveyancing solicitors data protection breach caused you harm after your personal data was compromised.
You may be wondering how compensation for a data breach is calculated. Generally, you could receive up to two heads. These are:
In 2015, the Vidal-Hall and Others V Google Inc [2015] Court of Appeal changed the way compensation could be sought. It meant that claimants could seek compensation for their psychological injuries, without also claiming for financial losses.
The Judicial College Guidelines can be referred to by solicitors to help them when valuing the non-material damages portion of your settlement. It contains bracket compensation amounts that relate to different types of psychological injuries. We have used figures from the most recent edition of the guidelines to create the table below. The figures may differ from your settlement.
| Psychological Harm | Compensation Brackets | Description of injury |
|---|---|---|
| Psychological injuries: Severe (a) | £54,830 to £115,730 | The symptoms of these types of injuries can have an impact on work life, social life and relationships leaving a very poor prognosis. |
| Psychological injuries: Moderately Severe (b) | £19,070 to £54,830 | There is a significant impact on various aspects of life however, the prognosis is more positive. |
| Psychological injuries: Moderate (c) | £5,860 to £19,070 | There have been notable improvements in the symptoms and the prognosis will be good. |
| Psychological injuries: Less Severe (d) | £1,540 to £5,860 | The extent to which the person has been impacted and for how long will be considered. |
| Reactive psychiatric disorder: Severe (a) | £59,860 to £100,670 | There is a permanent impact on all aspects of the person’s life. |
| Reactive Panic Disorder: Moderately Severe (b) | £23,150 to £59,860 | With some professional help and support, even through the symptoms are still severe, the recovery process would be underway. |
| Reactive Panic Disorder: Moderate (c) | £8,180 to £23,150 | The person will have made a significant recovery with some continuing effects not being hugely disabling. |
| Reactive Panic Disorder: Less Severe (d) | £3,950 to £8,180 | With some minor reoccurring effects, a mostly full recovery has taken place. |
For more information on the compensation you could receive following a conveyancing solicitors data protection breach that led to you making a claim, call our team.
Our advisors are able to provide a No Win No Fee service, if you require it. As part of this service, they may offer to represent your claim under a Conditional Fee Agreement (CFA). This is often used as a way to help you fund legal representation.
A CFA allows you to access the services of your solicitor without paying a fee upfront or if your claim fails. If your claim succeeds, you’ll need to pay a success fee from your compensation. This is a fee that is legally capped.
If you would to discuss your claim with an advisor to see if you have grounds for a claim, you can get in touch using the following details:
We hope this guide exploring conveyancing solicitors data protection breach has helped. If you need any other information, get in touch on the number above.
Guide by EW
Edited by MMI
