Immigration Data Breach Compensation – Could I Make A Compensation Claim?

Immigration data breach claims guide

Immigration data breach claims guide

Are you wondering if you can claim for an immigration data breach? If your immigration status is compromised, this could cause you significant harm and anxiety.

In this guide, we will discuss who can claim for a breach of immigration data. We will also discuss the legislation in place to protect your personal data and who enforces this legislation. Finally, we will touch on how a No Win No Fee solicitor could help you start your claim.

The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) are the two main pieces of legislation in place to protect the personal data of UK residents. An independent body called the Information Commissioners Office (ICO) enforces this legislation.

Read on to learn more about making a personal data breach claim. Alternatively, you can get in touch with our advisors. They can provide free legal advice, and they can also tell you if your claim is valid. To get in touch:

Select A Section

  1. What Is An Immigration Data Breach?
  2. What Rules Apply To Handling Immigration Data?
  3. When Could The Immigration Exemption Apply?
  4. Immigration Data Breach Compensation Calculator
  5. Start A No Win No Fee Immigration Data Breach Compensation Claim

What Is Immigration Data?

Personal data is any information that can be used in isolation or alongside other details to infer or reveal your identity. In normal daily activities, this can range from name, address, email and contact details. But it can also include special category information such as health details, your sexual orientation, or your racial or ethnic origin.

If the availability, integrity, or confidentiality of these details is compromised by a security incident, this is a personal data breach. But, you cannot claim for every instance of a personal data breach. The UK GDPR lays out criteria your claim must meet in order to be eligible, including:

  • The wrongful conduct of the data controller or data processor must cause the breach
  • The breach must include your personal data
  • You must experience financial or psychological harm as a result of the breach

If your case meets this criteria, you may be able to make an immigration data breach claim.

Immigration Data Breach Statistics

The ICO collect and publish reports of data security incident trends. According to the ICO, there were 285 reported data security incidents in the central government sector in 2021. In 2020, 313 data security incidents were reported in this sector.

Our advisors can help if you would like to know if you can make a personal data breach claim. Get in touch today to learn more.

What Rules Apply To Handling Immigration Data?

Under the UK GDPR and the DPA, there are some extra rules and regulations in place for the handling of immigration data. Generally, immigration data is protected by the same rules as other personal data. However, there are some exceptions to this.

The Immigration Exemption

The immigration exemption outlines a number of rights listed under the UK GDPR that can be restricted by the Secretary of State, the Home Office, and its agencies when processing immigration data for the purposes of:

  • Investigating or detecting activity that would undermine effective immigration control
  • The maintenance of effective immigration control

The immigration exception does not apply to other data controllers, such as employers, landlords, the police, or universities.

If you would like to know more about making an immigration data breach claim, contact our advisors today.

When Could The Immigration Exemption Apply?

Under the immigration exemption, the Secretary of State provides exemptions of the UK GDPR’s provisions regarding:

  • The right of access
  • The right to be informed
  • The right to restrict processing
  • The right of erasure
  • The right to object
  • All principles, but only in that they relate to the rights stated above

However, the exemption only applies if exercising these rights would be likely to prejudice immigration matters. Also, as we have already mentioned, they can only be applied by the Secretary of State. Otherwise, the usual rights and freedoms granted by the UK GDPR and the DPA apply.

To learn more about when you could make an immigration data breach claim, connect with our advisors today. They can offer free legal advice and more help.

Immigration Data Breach Compensation Calculator

You may be wondering how solicitors calculate compensation for a data breach. Since every claim is unique, and compensation is based on the individual circumstances of each claim, we cannot provide average payouts for personal data breach claims.

There are two heads of claim you could pursue when you make a personal data breach claim. These are material damage and non-material damage.

Material damage relates to the financial impacts of the breach. For example, if a criminal steals your credit card details or banking details from an immigration database and approaches a loan provider, they may be able to take out loans in your name. This can damage your credit score and leave you with personal debt.

Or, you may need to take time away from work in order to recover from the psychological impacts of the personal data breach. This could result in a loss of earnings. In this case, you may be able to claim back your losses under material damage.

Non-Material Damage

An immigration data breach can cause significant damage to your mental health as well as your finances. For example, you may suffer from post-traumatic stress disorder (PTSD), or you may experience anxiety due to a breach, or distress because of a breach. You can claim for these injuries under non-material damage.

Injury Additional Notes JC Guideline Award Level
Psychological Damage Marked and permanent impact in all areas of life, such as personal relationships, education and work. (a) Severe – £54,830 to £115,730
Psychological Damage Mental health issues still represent a long-standing issue but with a better prognosis than the above bracket. (b) Moderately Severe – £19,070 to £54,830
Psychological Damage Discernable improvement in symptoms by the time the case may be heard in court. (c) Moderate – £5,860 to £19,070
Psychological Damage Consideration is given to the length of time affected by symptoms and how badly. (d) Less Severe – £1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD) Permanent and serious symptoms remove the ability to work or function at the pre-trauma level. (a) Severe – £59,860 to £100,670
Post-Traumatic Stress Disorder (PTSD) Despite still being a significant disabling condition, a better prognosis than the bracket above with treatment. (b) Moderately Severe – £23,150 to £59,860
Post-Traumatic Stress Disorder (PTSD) A large recovery occurs, though some symptoms remain, they are not disabling. (c) Moderate – £8,180 to £23,150
Post-Traumatic Stress Disorder (PTSD) Full recovery within 1 – 2 years and only minor issues persisting beyond this period. (d) Less Severe – £3,950 to £8,180

The table above showcases guideline compensation amounts for non-material damage, as shown in the Judicial College Guidelines (JCG). The JCG is a document that often helps solicitors value claims, as it provides guideline settlement figures for a variety of injuries and illnesses.

Please note that these figures are guideline amounts. They are not guarantees of what you could receive. Contact our team of advisors for a free consultation of your immigration data breach claim.

Start A No Win No Fee Immigration Data Breach Compensation Claim

Starting an immigration data breach claim can feel daunting, but our No Win No Fee solicitors can help. Under a Conditional Fee Agreement (CFA), one of our solicitors could provide you with expert legal representation, typically without requiring any upfront or ongoing fees.

The only fee you will have to pay comes only if your claim succeeds. This success fee is taken as a percentage of your compensation award. However, this fee has a legal cap. Also, if your claim does not succeed, then your solicitor will not take this fee.

See how a No Win No Fee agreement could help your immigration data breach claim by getting in touch with our team of expert advisors:

Additional Data Breach Articles

To read more on making a personal data breach claim:

Or, for further resources:

Thank you for reading our guide on making an immigration data breach claim.

Guide by JW

Edited by CH