Have you suffered harm as a result of your personal data being sent to an ex partner? This article will explain what a personal data breach is, what kinds of information counts as personal data, and what data breach time limits exist. We will also detail potential compensation amounts and the benefits of a No Win No Fee agreement.
Personal data sent to ex partner claims guide
All data controllers and data processors dealing with UK residents’ personal data are bound by data protection legislation, such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Failure to comply with this legislation could result in a personal data breach.
If your personal data has been sent to the wrong person as a result of an organisation’s failings, you could be eligible to claim compensation. To find out if you could have a valid claim, contact our advisors today by:
- Calling us on 0800 073 8801
- Contacting us online
- Using our live chat feature
Select A Section
- Can I Claim If Personal Data Has Been Sent To An Ex Partner?
- Causes Of An An Ex Partner Data Breach
- Types Of Data An Ex Partner Could Have Been Wrongly Sent
- How Long Do I Have To Make A Data Breach Claim?
- Data Breach Compensation Payouts If Personal Data Has Been Sent To An Ex Partner
- Talk To Us If Your Personal Data Has Been Sent To An Ex Partner
Can I Claim If Personal Data Has Been Sent To An Ex Partner?
A personal data breach can be described as a security incident in which the availability, confidentiality, or integrity of data that could identify you is compromised. For example, this could include information such as your name, address, and phone number.
In order to make a valid claim, the breach must be a result of the failings of the:
- Data controller: The organisation that controls how and why they collect and use your data
- Data processor: The organisation that processes your data on the instruction of the data controller.
You must also suffer harm as a result of the breach. This could be monetary harm, or psychological harm.
If your personal data was sent to your ex partner as a mistake, you may be able to claim compensation. Contact our advisors today for more information.
Causes Of An Ex Partner Data Breach
There are many ways that your personal data could be seen by your ex partner in a personal data breach. Many couples share homes, P.O boxes, and online accounts. However, when their situation changes, this could soon result in a personal data breach. Some examples of how your ex partner could wrongfully receive your personal data include:
- Outdated records: If you inform an organisation of a change of address, they must update their records. If they fail to do so, this could result in your ex partner receiving your personal data.
- Administrative errors: An organisation providing personal details to an ex partner when they have no authorisation to access them.
- Insecure location: An ex partner can view on a computer screen or physical file personal information of their ex partner because an organisation failed to keep the information safe.
Contact our advisors today to find out if you could have a valid personal data breach claim.
Types Of Data An Ex Partner Could Have Been Wrongly Sent
Your ex partner may receive a type of personal data known as special category data. This is information that requires extra protection according to the UK GDPR. Some examples of special category data include:
- Information about your health, such as medical records
- Information regarding your sexual orientation or sex life
- Genetic data
- Data regarding your religious or philosophical beliefs
As we mentioned earlier, personal data is information that could identify you either alone or in conjunction with other information. For example, this can include your:
- Name
- Email address
- Phone number
- Date of birth
Medical Records Data Breaches
As previously mentioned, medical records are special category data, as they may contain information such as your NHS number, mental health treatments, STI tests and results, and other personal information. The following organisations could hold your medical data a dentist, optician, or private healthcare facility.
Financial Data Breaches
Financial or banking information can include personal data such as credit and debit card information as well as sort codes and account numbers for bank accounts. For example, information from a mortgage provider or loan provider may be sent to the wrong address.
To learn more about the types of personal data that could be sent to your ex partner, contact our advisors today. They can provide free legal advice, and more helpful guidance.
How Long Do I Have To Make A Data Breach Claim?
In general, the time limit for starting a personal data breach claim is six years. However, claims against public bodies are limited to a 1-year window.
If the breach could threaten your rights or freedoms, it must be reported to the Information Commissioner’s Office (ICO) within 72 hours by the data controller. Alongside this, the data controller must inform you as soon as possible.
Contact our advisors today to learn more about how time limits could affect your personal data breach claim.
Data Breach Compensation Payouts If Your Personal Data Has Been Sent To An Ex Partner
Personal data breach claims generally have two heads of compensation, otherwise known as:
- Material damage – The compensation your receive for financial damages, such as the theft of money, fraudulent credit card purchases, plus possible identity theft and impersonation.
- Non-material damage – Intangible damages such as stress, anxiety, paranoia, depression and other psychological injuries that can affect your mental health.
You can find compensation brackets for non-material damage by using the 16th edition of the Judicial College Guidelines (JCG). The JCG provides legal professionals with guideline compensation amounts, as illustrated below.
| Injury | Compensation | Notes |
|---|---|---|
| Severe general psychological damage (a) | £54,830 to £115,730 | Injuries affect everyday life such as education and workability, relationships and vulnerability. The award changes per the medical help sought, successful treatment and prognosis. |
| Moderately severe psychological damage (b) | £19,070 to £54,830 | The person will still suffer from the above factors however the outcome has slightly improved. |
| Moderate psychological damage (c) | £5,860 to £19,070 | An overall improvement with prognosis with the above factors. |
| Less severe psychological damage (d) | £1,540 to £5,860 | The amount of the award changes per the disability period and the effect on daily life and sleep. |
| Severe post-trauma anxiety disorder (a) | £59,860 to £100,670 | The injuries may prevent a return to work or the ability to work at a pre trauma level. |
| Moderately severe post-trauma anxiety disorder (b) | £23,150 to £59,860 | Recovery has been undertaken with some professional help, but the condition may cause disability in the future. |
| Moderate post-trauma anxiety disorder (c) | £8,180 to £23,150 | Where there has been a major recovery and any lasting symptoms are not entirely disabling. |
| Less severe post-trauma anxiety disorder (d) | £3,950 to £8,180 | Within a two-year period, there is a near-complete recovery. |
In the Vidal-Hall and Others v Google Inc [2015], the Court of Appeal established that you can claim non-material damage without claiming for financial losses. If you want to know more about personal data breach compensation claims, talk to our advisors today.
Talk To Us If Your Personal Data Has Been Sent To An Ex Partner
Should you wish to begin your personal data breach claim, you may find it helpful to talk to our advisors. They can offer free legal advice, and may be able to put you in contact with one of our data breach claim solicitors.
Our solicitors offer a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA), which enables claimants to access legal representation with no upfront fee needed.
If your claim does not succeed, you do not pay your solicitor’s success fee. However, if your case succeeds, your solicitor will take a percentage of your compensation. This will be their success fee, and the percentage they take has a legal cap.
To learn more about how one of our expert No Win No Fee solicitors could help you, get in touch today by:
- Calling us on 0800 073 8801
- Contacting us online
- Using our live chat feature
Data Breach Resources
We have other data breach guides for you to peruse:
- What Are My Rights After An NHS Data Breach?
- My Rights After A Solicitors Data Breach?
- Lost Records Data Breach
And we have gathered some informative links too:
If you have more questions about whether you can claim if your personal data is sent to an ex partner, get in touch today.