What Could You Claim For After A Gym Data Breach?

Despite the many advances of data protection legislation, we live in an age where the ability to obtain personal data via illicit means can be worryingly easy. You could be able to make a gym data breach claim if you suffer because your personal data was compromised in a breach.

gym data breach

A guide to making a claim after a gym data breach

Although employees of the organisation may be responsible for a gym data breach, it could ultimately be the gym or the companies they contract to look after the personal data that’s at fault.

In this article, we will discuss the specifics of personal data breaches involving gymnasiums. You can examine whether you believe you have been a victim of a breach of data protection. You can contact us via phone on:

Select A Section

  1. What Are Gym Customer Data Breaches?
  2. Information Which Could Be Involved In A Gym Data Breach
  3. What Was The Total Fitness Gym Data Breach And Were You Affected?
  4. Steps Gyms Could Take To Protect Your Data Privacy
  5. What Could You Claim For A Gym Data Breach?
  6. Get In Touch Today To See If We Could Help You

What Are Gym Customer Data Breaches?

To examine whether or not you have been subject to a gym data breach, we will see how your case applies to the most up-to-date legislation. The UK General Data Protection Regulation (UK GDPR) defines a data breach as when some type of security incident means personal information that could identify a person (also known as a data subject) is lost, disclosed, destroyed, accessed or altered in an unlawful or accidental manner.

An organisation could mishandle your personal data unintentionally. In order to successfully prove a data breach claim, you will need to establish that the gym has mismanaged your data or made some form of positive wrongful conduct and, in turn, caused you emotional distress or financial loss.

The UK GDPR covers a vast range of personal data. This includes both digital data and that in physical/paper format.

Your gym may have sent a letter with your bank details to the wrong address, despite having the correct one on file. If a gym employee left their screen unlocked in a reception area where the screen was visible and revealed private and personal data, this could also justify a potential gym data breach claim.

Essentially, if the company holding your personal data hasn’t taken due care whilst handling it, they could be culpable for any distress or financial damage. We will explain these two types of data breach compensation further in the article. We also have an article that details FAQs regarding data breach claims. Please feel free to contact us to take your matter further. You may be entitled to compensation.

Information Which Could Be Involved In A Gym Data Breach

Generally, there are more ‘obvious’ forms of personal information. Specific financial information such as bank account details, debit/credit card information and direct debit details are all pieces of information that could identify you. If someone obtained these details, they could cause harm to you financially.

However, these are not the only types of personal information that can be used to identify an individual. Here are some other examples, though they may not all apply to gyms:

  •       Name
  •       Address
  •       Date of birth
  •       Email address
  •       Phone number
  •       Political affiliations
  •       Medical conditions
  •       Trade union membership

If you believe you have had any of this personal data accessed unlawfully and it has led to financial loss or psychological damage, please contact us today to discuss it further.

What Was The Total Fitness Gym Data Breach And Were You Affected?

Data breach law is a relatively new area of law. As our world seems to expand online in every conceivable way rapidly, we must store our personal data somewhere, and hackers are happy to take advantage of whatever weaknesses may appear. However, we are fighting back, as detailed by this government publication that shows the UK’s growing role as a cyber power.

Data Breach Claim Time Limits

You generally have 6 years to claim or 1 year if the claim is against a public body.

Steps Gyms Could Take To Protect Your Data Privacy

There are several steps gyms could take to protect your personal data and avoid a breach. Whilst there can be several mitigating factors, there are more common issues that crop up daily.

The physical environment of a workplace can contribute to the number of errors that occur. This is a more common theme regarding lack of safety regarding personal data. Gyms can be bustling places. No matter the time of day, computers or offices that contain personal information should be secured.

If devices become lost or are stolen, this could expose people’s personal information and cause a data breach.

Likewise, if emails are sent to the wrong recipients or if the likes of email addresses aren’t anonymised, then this could also lead to a damaging breach of data protection.

There may be a culture of apathy about data control in the gym, such as a lack of emphasis on potential breaches and written notes containing details left lying around, for example. Or personal information is disposed of in standard bins instead of destroyed properly, which means the information is susceptible to be exposed.

If personal data security becomes a priority in gyms, this could have a positive impact on both the business and the customer. In the future, fewer breaches could occur, and staff could become more aware of potential breaches that could occur in the future.

The Information Commissioner’s Office (ICO) also detail how businesses can go about protecting their data. The ICO is an independent body that enforces personal data protection.

Better training can allow staff to spot potential gym data breaches more easily.

If this is in a gym setting, unauthorised access to a secured network can have serious financial and health consequences.

What Could You Claim For A Gym Data Breach?

You can receive compensation for two types of loss: material damage and non-material damage.

Material damage is when you have endured financial loss due to a data breach. If your financial details such as bank account number, credit card number or sort code were accessed unlawfully, it could lead to theft. If you have then been subject to a financial crime, such as fraudulent use of your bank account, you may be entitled to compensation.

The other type of loss, non-material damage, relates to the psychological impact the data breach has caused.

For example, if you have a sensitive medical condition and it becomes exposed to other people in the gym that you regularly attend, this could cause distress and anxiety.

Each data breach compensation claim is unique. However, it’s possible to gain an insight into how much you could receive for non-material damage. This is detailed in the table below:

ClaimSeverityRangeNotes
Psychiatric InjurySevere£54,830 to £115,730Serious issues and inability to cope with day-to-day life and personal relationships.

Despite treatment, it is unlikely the claimant will return to full health and the prognosis will be poor.
Psychiatric InjuryModerately Severe£19,070 to £54,830Similar issues as above but with a more positive prognosis.
Psychiatric InjuryModerate£5,860 to £19,070Where an improvement from the initial injury has already occurred and the claimant is making positive steps.
Psychiatric InjuryLess SevereUp to £5,860Factors that will impact the level of compensation include how long the symptoms persisted and any issues with sleep.
PTSDSevere£59,860 to £100,670Multiple issues including sleeping, depression, suicidal thoughts. Inability to cope in day-to-day situations.
PTSDModerately Severe£23,150 to £59,860Similar issues as above but less debilitating.
PTSDModerate£8,180 to £23,150Similar issues but a more positive prognosis.
PTSDLess SevereUp to £8,180Positive outlook but some symptoms persist occasionally.

The figures that you can see in this table come from the guidelines of the Judicial College, which were published in April 2022.

Click here to learn more about how data breach compensation is calculated.

Get In Touch Today To See If We Could Help You

Our solicitors can provide professional services on a No Win No Fee basis. This means that if your claim is successful, we will deduct a small fee to cover our costs. If the claim is unsuccessful, we will not charge you. Please see this link for more information about No Win No Fee claims.

If you want to discuss your potential gym data breach claim with us, you can contact us directly on our website. If you would rather speak to us over the phone, please call us on 0800 073 8801.

Related Data Protection Breach Claims

Please see our other guides on claiming data breach compensation:

What are my rights after a pharmacy data breach?

How do I claim for an NHS data breach?

I was a victim of a hotel data breach, how do I claim for this?

Personal data breaches, a definitive definition by the ICO

Guide by AC

Edited by RV