By Lewis Hendrix. Last Updated 26th July 2023. If an organisation revealed your home address in a breach of the UK GDPR, you may be wondering if you can claim. In this guide, we will examine the laws protecting personal data for UK residents. We will also explore the conditions set out by the UK GDPR for claiming.
Your home address is considered personal data as it can be used to identify you. If this information is breached, you could suffer from a psychological injury, such as anxiety due to a data breach. You could also suffer from financial losses.
You could be eligible to receive compensation for the harm you have suffered due to the breach. However, in order to do so, your claim must meet certain criteria.
Continue reading this article to learn how the use of a legal professional could benefit you in a data breach compensation claim. Alternatively, should you have any questions, please contact one of our expert advisors. They are available 24/7 to assess the validity of your claim and provide expert legal advice.
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Select A Section:
- What Is The UK GDPR In Simple Terms?
- What Counts As Personal Data Under The UK GDPR?
- Sending Documents To The Wrong Address
- Is Revealing Your Home Address A Breach Of The UK GDPR?
- Home Address Breach Of The UK GDPR Damages Calculator
- Making A Personal Data Breach Claim With A No Win No Fee Solicitor
What Is The UK GDPR In Simple Terms?
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) provide a system for monitoring and governing the use and handling of personal data. The UK GDPR outlines the steps that data controllers and processors must follow to protect the personal information of data subjects.
Data controllers are the overall decision-makers concerning the purpose and means of processing personal data. Data processors act under the instructions of the controller.
What Is A Data Breach?
The Information Commissioner’s Office (ICO), which is an independent body operating in the UK to uphold information rights, provides a useful definition of a personal data breach:
- A security breach resulting in the unlawful or accidental alteration, destruction, loss, unauthorised access to, or disclosure of personal data.
However, it is important to note that not all instances of a data breach will form a valid claim. In order to claim, you must ensure that:
- The data controller or processor responsible for your personal data failed to comply with data protection legislation
- This caused your personal data to be compromised
- Resulting in you suffering mental harm or financial losses
Please speak to one of our expert advisors to find out whether you could be eligible to make a claim if an organisation revealed your home address in a breach of the UK GDPR.
What Counts As Personal Data Under The UK GDPR?
The ICO defines personal data as information that relates to an individual and could be used to identify them. Examples include your home address, name, date of birth, email address and phone number. As well as certain financial details, such as your debit or credit card details.
A personal data breach could be caused by human error, such as a mistake on the part of a data controller or processor that results in a letter containing your personal information getting sent to the wrong postal address. Alternatively, it could be caused by an act of criminal activity, such as a cyberattack.
To learn more about how to claim if an organisation has revealed your home address in a breach of the UK GDPR, get in touch with our advisors today.
Sending Documents To The Wrong Address
A personal data breach can occur in many ways, including data misdelivery. Some examples of data misdelivery can include:
- Sending documents to the wrong address: For example, your employer may mistakenly send your disciplinary records to the wrong postal address.
- Wrong email address data breach: This could occur if an employee at a bank emails your banking details to the wrong email address.
- Sending personal data to the wrong phone number: A text message data breach could occur if personal data is sent to the wrong phone number.
If these documents contain your personal data, then you may be eligible to make a claim. If your documents have been sent to the wrong address, or if an organisation revealed your home address in a breach of the UK GDPR, get in touch with our advisors today.
Is Revealing Your Home Address A Breach Of The UK GDPR?
As previously stated, the UK GDPR considers your home address as personal data. Therefore, if an organisation reveals or shares your home address without a lawful basis to do so, this is a breach of the UK GDPR.
However, not every breach of the UK GDPR will result in a valid personal data breach claim. Your case must meet the criteria explained in the sections above if you wish to claim for a personal data breach.
Please get in touch with one of our expert advisors for free and confidential advice. They are experienced in dealing with data breach cases and can offer insight into whether you could have a valid basis for a claim.
Time Limit For Claiming For A Breach Of The UK GDPR
If the UK GDPR data breach of your personal information caused you financial harm or psychological injuries, you’ll have six years from the date of the breach to start a claim. However, if you are making a claim against a public body, the time limit to start your claim is reduced to one year.
To find out if you are still within the time limit to make a claim for a breach of your personal data, you can contact our team of friendly advisors. If it seems like you may have a strong case, they could connect you with one of our solicitors.
Home Address Breach Of The UK GDPR Damage Calculator
There are two potential heads of compensation in a successful personal data breach claim: material and non-material damage.
- Material damage: compensates you for financial losses incurred by the personal data breach, such as money taken from your banks accounts or damage to your credit score.
- Non-material damage: compensates you for psychological injuries resulting from the personal data breach.
The unique details of a claim determine the amount awarded in compensation. We have used the Judicial College Guidelines (JCG) to create the table you see below as a guide to compensation amounts for non-material damage. Legal professionals also use the JCG to assist them in valuing compensation claims.
|Notes on the Injury
|A severe psychological injury that would mean the person would have marked problems coping with life and their prognosis will be very poor.
|£54,830 to £115,730
|Moderately Severe (b)
|A moderately severe psychological injury that would cause the person to have significant problems coping with life but their prognosis will be much more optimistic than a severe injury.
|£19,070 to £54,830
|Despite having similar problems as the bracket above, the person would have markedly improved by trial and their prognosis will be good.
|£5,860 to £19,070
|Less Severe (d)
|The extent of the effects of the psychological injury and how long it lasted would determine the level of the award within this bracket.
|£1,540 to £5,860
|An injury within this bracket will badly affect all aspects of the person’s life.
|£59,860 to £100,670
|Moderately Severe (b)
|An injury that would cause the person similar problems as the bracket above. However, they will have a better prognosis for some recovery with a professional’s help.
|£23,150 to £59,860
|The person will have already largely recovered. The only remaining effects will be non-disabling.
|£8,180 to £23,150
|Less Severe (d)
|The person will virtually fully recover within two years. Some minor symptoms may persist.
|£3,950 to £8,180
Please note it is important that you provide evidence of any harm you have suffered. This can include bank records or medical reports. If you would like further advice on the potential compensation awarded for a data breach claim, please speak to a member of our team.
Making A Personal Data Breach Claim With A No Win No Fee Solicitor
If you are eligible to make a claim for a UK GDPR data breach of your personal data, you may want to seek legal support. One of our experienced solicitors may offer to represent you in your claim on a No Win No Fee basis under a Conditional Fee Agreement. Some of the benefits of making a claim with a solicitor under this arrangement include:
- No upfront service fees to pay.
- No service fees to pay during the process of the claim.
- Not paying your solicitor for their work if your claim is unsuccessful.
If your personal data breach claim succeeds, you’ll pay a success fee out of your compensation. The percentage that this success fee can be has a legal cap.
To see if you could be eligible to work with one of our solicitors on your claim for the breach of your personal data, you can contact our friendly advisory team. They can be reached via:
Data Breach Resources
Please explore more of the data breach guides on our website:
- Personal Data Sent To My Ex-Partner – What Are My Rights?
- What Are My Rights After A Hotel Data Breach?
- What Are My Rights After A Housing Association Data Breach?
Below we have provided external sources you may find useful:
- GOV.UK – Cyber Security Breaches Survey 2022
- ICO – Your data matters
- NHS – Get urgent help for mental health
Thank you for reading this guide to making a claim following a home address breach of the UK GDPR.