Green Party Breach of Data Protection – Could I Make A Data Breach Claim?

In this guide, we will discuss the steps you could take should a Green Party breach of data protection ever occur and affect your personal data.

Green Party breach of data protection

Green Party breach of data protection – Can I make a data breach claim?

We will touch on how you could be eligible to make a claim if your personal data is breached. Your right to claim is set out by the UK General Data Protection Regulation (UK GDPR), which protects the personal data of UK residents with the help of the Data Protection Act 2018 (DPA).

We will also explain some key terms in data protection cases, such as the definition of personal data and the definition of a personal data breach. Following this, we will discuss how solicitors, judges, and other legal experts calculate compensation in personal data breach claims.

If you have further questions that haven’t been answered by this guide, we recommend contacting an advisor from our team. Through a free consultation, our advisors can provide free legal advice and answer any questions you may have. They can also help you determine whether you could be eligible to claim with the help of one of our solicitors. To learn more:

Select A Section

  1. What Could A Green Party Breach Of Data Protection Be?
  2. What Do I Need To Know If A Green Party Breach Of Data Protection Occurs and Affects My Personal Data?
  3. Do I Need To Report A Data Breach?
  4. How Long Do You Have To Bring A Claim For A Personal Data Breach?
  5. How Much Could You Claim For A Data Breach?
  6. How To Start A No Win No Fee Claim

What Could A Green Party Breach Of Data Protection Be? 

The definition of a personal data breach is any security incident that affects the integrity, availability, or confidentiality of your personal data. This definition is taken from the Information Commissioner’s Office (ICO). The ICO is responsible for upholding data protection law for UK residents.

Personal data is any information that could identify you. This includes data used by itself, or with the help of other details. For example, your postal address and phone number could both be examples of personal data.

Personal data that needs extra protection because it is sensitive in nature is known as special category data. Some examples of special category data can include personal information relating to your health, such as your medical conditions or information from your medical records. It can also include your racial or ethnic origin and your political beliefs.

Read on to learn about what a Green Party breach of data protection could mean. Or, get in touch with our advisors for free legal advice.

What Do I Need To Know If A Green Party Breach Of Data Protection Occurs and Affects My Personal Data? 

The UK GDPR and the Data Protection Act 2018 are the two main pieces of legislation that govern how data controllers should handle your data. A data controller is often an organisation or company needing to process your data. They will have control over the means of data processing. They can choose to outsource the actual processing to data processors.

Both the data controller and processor must comply with and adhere to data protection laws. Failure to protect your personal data accordingly can make them liable should a breach occur.

Data breaches can happen for different reasons. Mainly through human error and some which are caused by online hacking or criminal activity. However, just because a person has been affected by a breach of their personal information does not automatically mean that they are eligible to pursue a claim

Article 82 of the UK GDPR states your right to claim compensation following a personal data breach. However, in order to do so, your case must meet specific criteria:

  • The breach must be caused by wrongful conduct on the part of the data controller or processor
  • It must involve your personal data
  • You must experience financial or psychological harm as a result

If you can prove that these criteria are relevant to your case, then you may be eligible to claim compensation for a personal data breach. Get in touch with our advisors to learn more about the claims process.

Do I Need To Report The Data Breach? 

Reporting the breach can help strengthen your claim. There are a few ways you can do this. First, you can approach the organisation responsible for the breach. They may respond to your report with more information, like what data was included and how they intend to fix this going forward.

However, they may not reply, or their response might not be satisfactory. In this case, you can make a complaint to the ICO. They may then choose to investigate the breach. If their investigation finds wrongful conduct, then the ICO may fine the organisation at fault.

If a Green Party breach of data protection should occur and your personal data was affected, then if this infringed on your rights and freedoms, they would need to inform you without undue delay and report this to the ICO within 72 hours.

How Long Do You Have To Bring A Claim For A Personal Data Breach?  

You may wonder if there is a time limit for starting a personal data breach claim. Generally, the time limits for starting a claim for compensation following a personal data breach are:

  • Six years
  • One year if you intend to make a claim against a public body

It is important to ensure that your claim is started within the appropriate time limit. If you are concerned about whether your claim is still within the time limit, contact us today. 

How Much Could You Claim For A Data Breach? 

Data breach compensation can be split into heads, which cover two separate areas of harm. These are non-material damage compensation and material damage compensation, and cover psychological harm and financial harm respectfully.

For example, non-material damage compensation would be relevant if you experienced anxiety due to a breach, or distress because of a breach. When valuing these injuries, solicitors may use the Judicial College Guidelines (JCG). This offers guideline settlements for various injuries and illnesses.

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Psychological Illnesses Compensation Brackets Description
Psychiatric Damage: Severe £54,830 to £115,730 There is a poor prognosis, and severe symptoms will impact all aspects of daily life.
Psychiatric Damage: Moderately Severe £19,070 to £54,830 While symptoms are similar to the case above, there is a better prognosis.
Psychiatric Damage: Moderate £5,860 to £19,070 This bracket provides for a better prognosis, as symptoms show a significant improvement.
Psychiatric Damage: Less Severe £1,540 to £5,860 Consideration in this bracket is given to the length of time affected by symptoms and how these symptoms affect your daily life.
PTSD: Severe £59,860 to £100,670 Severe symptoms that are permanent and have a long-lasting impact on all aspects of life. There is no ability to function at the pre-trauma level.
PTSD: Moderately Severe £23,150 to £59,860 A better prognosis due to the chance of some recovery through professional treatment.
PTSD: Moderate £8,180 to £23,150 Non-disabling symptoms remain following a large recovery.
PTSD: Less Severe £3,950 to £8,180 An almost full recovery occurs within two years, and the only remaining symptoms are minor.

 

It’s important to note that these figures are not guaranteed amounts, and as such, the compensation you may receive can vary.

Material damage compensation addresses the financial harm caused by the breach. For example, if the breach reveals your credit card details, this could lead to fraudulent charges made in your name. In this case, these charges could be recouped under material damage compensation.

If you need any further information on claiming compensation following a personal data breach, contact us today. 

How To Start A No Win No Fee Claim 

Starting a personal data breach claim may seem daunting. However, our solicitors may be able to help. Our solicitors offer No Win No Fee arrangements such as Conditional Fee Agreements (CFA). Through a CFA, one of our solicitors could provide you with legal advice, representation, and more help throughout the claims process.

Usually, your solicitor won’t request any upfront fees under a CFA, nor will they require ongoing payment for their work. In fact, the only time your solicitor will ask for a fee is if your claim succeeds. In this case, they will deduct a success fee from your award. But, if your claim fails, there are typically no fees to pay to your solicitor for their work.

To find out how one of our solicitors could help you, get in touch today:

Further Resources

To access more personal data breach claims guides:

For more helpful information:

For additional information on what to do should a Green Party breach of data protection occur and affect your personal data, get in touch with our team.

Guide by EW

Edited by CH