This guide will discuss the potential steps that could be taken if a Labour Party data breach were to occur.
Data controllers and data processors have a responsibility under data protection law to protect your personal data. A controller is the party responsible for deciding on the purpose for processing your personal data whilst a processor can process the data on behalf of the controller. Both must adhere to the The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
If they fail to do so, it could lead to your personal data being compromised. In some instances, you may be able to seek compensation. We will explore the eligibility criteria that must be met in order to do so throughout our guide.
Furthermore, we will discuss what information is classed as personal data and how this could be compromised in a breach of data protection law.
For more information, please continue reading. Alternatively, our team of advisors can provide free legal advice and more information on what you can do following a personal data breach. To get in touch, you can:
Select A Section
- What Could A Labour Party Data Breach Be?
- What Data Could Be Impacted By A Breach?
- Limitation Periods To Claim For Political Party Data Breaches
- How Was The Labour Party Breached?
- What Could You Claim For After A Personal Data Breach?
- Contact Our Team Should A Labour Party Data Breach Occur
Under UK legislation, when the integrity, availability, or confidentiality of your personal data is affected in a security incident, this is a personal data breach.
However, you may not be able to claim for all personal data breaches. This is because your case must meet certain criteria in order to be eligible for compensation, as laid out in Article 82 of the UK GDPR. These include:
- The breach must be a result of the data controller or processor’s failings
- As a result of their failings, your personal data must have been affected
- You have to suffer harm, either financially or psychologically due to your personal data being compromised.
There are different types of personal data breaches, including human error and cyber security incidents. An incident with cyber security can include an organisation failing to keep their online security systems up to date making them more susceptible to online attacks, such as a ransomware attack. Examples of human error data breaches can include:
- Having your personal data sent to the wrong email address
- Your personal data not being stored away securely allowing for unauthorised third parties to access it
Call us to discuss the steps you could take if a Labour Party data breach were to occur and your personal data is affected as a result.
Personal data is any information that could identify you, either alone or when processed with other information that could identify you. For example, your:
There is also another type of personal data called special category data. This is a kind of data that is sensitive in nature. When processing special category data, the controller needs to establish both a lawful basis under Article 6 of the UK GDPR as well as a separate condition for processing under Article 9. Some examples of special category data can include information regarding your:
- Racial or ethnic origin
- Sexual orientation
- Political opinions
- Religious or philosophical beliefs
If a Labour Party data breach were to occur and affect your personal data, get in touch to learn what steps you could take.
The time limits for starting a personal data breach claim can vary. This is because it depends on whether you wish to claim against a public or private body. There is generally a six-year time limit for starting a personal data breach claim. However, this drops to one year for claims made against public bodies.
If a Labour Party data breach were to occur and affect your personal data, please get in touch. An advisor can discuss the steps you can take in more detail.
In October 2021, the Labour Party released a statement notifying the public of a data breach. In this statement, they determined that a third-party that was processing data on behalf of the Party had suffered a cyber incident. This incident lead to a significant amount of party data being rendered inaccessible across their systems.
While the Labour Party did not go into much detail about the nature of the data affected by this breach, it did specify that it included the data of members, registered and affiliated supports, and others who had provided the party with their information.
After making a successful personal data breach claim, you could receive compensation for different forms of damage. Firstly, non-material damage, accounts for any psychological harm you have suffered as a result of the breach. For example, you could experience significant anxiety due to a breach, depression, or distress because of a breach.
Below, there is a table demonstrating figures from the Judicial College Guidelines (JCG). This text aids legal professionals when they assign value to the non-material damage you have experienced. It contains guideline compensation brackets for a number of psychological injuries.
However, these figures are not guaranteed amounts. If your claim succeeds, the actual amount of compensation you could receive can depend on a number of factors.
|Severe – Psychiatric Damage
|£54,830 – £115,730
|Several areas of the person’s life are impacted and they have a very poor prognosis.
|Moderately Severe – Psychiatric Damage
|£19,070 – £54,830
|Similar problems of a significant nature to the bracket above but the prognosis is better.
|Moderate – Psychiatric Damage
|£5,860 – £19,070
|There is an improvement in symptoms, which leads to a good prognosis.
|Less Severe – Psychiatric Damage
|£1,540 – £5,860
|The extent to which daily activities are affected and how long they are affected is considered.
|Severe – Post-Traumatic Stress Disorder
|£59,860 – £100,670
|All aspects of the person’s life are significantly affected, and they are unable to work or function as they would have before the trauma.
|Moderately Severe – Post-Traumatic Stress Disorder
|£23,150 – £59,860
|While severe disability is predicted for the foreseeable future, professional help could improve the prognosis.
|Moderate – Post-Traumatic Stress Disorder
|£8,180 – £23,150
|Any ongoing effects are not likely to be debilitating, and a large amount of recovery occurs.
|Less Severe – Post-Traumatic Stress Disorder
|£3,950 – £8,180
|A virtually full recovery is likely to be made within two years, whilst only minor symptoms persist.
You could also receive compensation for material damage. This relates to any financial losses caused by the personal data breach. This can include damage to your credit score, fraudulent purchases made following a breach of your credit card details or money stolen from your current account. Evidence can help prove these monetary losses, such as bank statements.
For more information on how much data breach compensation you could receive following a successful claim, get in touch on the number above.
Our data breach solicitors could provide their services under a Conditional Fee Agreement (CFA) provided you have a valid claim. This is a kind of No Win No Fee agreement that comes with many benefits.
Under a CFA, you do not usually pay any upfront or ongoing fees to your solicitor for the services they provide. If your case is not successful, you do not pay your solicitor for the work they have completed on your claim. However, your solicitor will take a success fee should your case succeed. This fee will be taken as a percentage of your compensation, but this percentage has a legislative cap.
To learn how one of our solicitors could guide you through the claims process, contact our advisors today. They can tell you if you have a valid claim, and can provide free legal advice and guidance surrounding your personal data breach claim. Get in touch today by:
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To learn more about the steps you could take should a Labour Party data breach occur, contact our advisors today.
Guide by LJ
Edited by CH/MMI