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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.
4.8The 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.
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:
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:
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.
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.
A personal data breach can occur in many ways, including data misdelivery. Some examples of data misdelivery can include:
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.
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.
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.
There are two potential heads of compensation in a successful personal data breach claim: material and non-material damage.
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.
| Injury | Severity | Notes on the Injury | Compensation Amounts |
|---|---|---|---|
| Psychological Injury | Severe (a) | 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 |
| Psychological Injury | 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 |
| Psychological Injury | Moderate (c) | 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 |
| Psychological Injury | 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 |
| PTSD | Severe (a) | An injury within this bracket will badly affect all aspects of the person’s life. | £59,860 to £100,670 |
| PTSD | 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 |
| PTSD | Moderate (c) | The person will have already largely recovered. The only remaining effects will be non-disabling. | £8,180 to £23,150 |
| PTSD | 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.
4.8If 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:
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:
Please explore more of the data breach guides on our website:
Below we have provided external sources you may find useful:
Thank you for reading this guide to making a claim following a home address breach of the UK GDPR.
