Our guide explains when you could be eligible to claim compensation after a recorded delivery data breach. Organisations that process your personal data have a responsibility to safeguard it. We define what personal data is and how a data breach can occur.
We also look into the types of information that could be involved in a breach and how this could impact you. In addition to this, we look at the steps you could take to report a data breach to the Information Commissioner’s Office. Moreover, we outline how settlements can be valued in these kinds of claims.
Furthermore, we detail how solicitors may offer to work on a No Win No Fee basis and how Conditional Fee Agreements work in relation to securing a solicitor’s services. To find out whether you could claim compensation after a recorded delivery data breach, please continue reading.
Alternatively, you can reach our team by:
- Calling us on 0800 073 8801
- Completing the form on our webpage to contact us
- Using our support feature
Select A Section
- Could You Claim For A Recorded Delivery Data Breach?
- Types Of Sensitive Or Personal Data Sent Via Recorded Delivery
- What May Be The Impact Of Recorded Delivery Data Breach?
- How To Claim If Your Data Privacy Has Been Breached?
- Compensation Payouts For Postal Service Data Breach
- Talk To Us About No Win No Fee Claims For Postal Service Data Breaches
A data breach is defined by the ICO as a security incident that results in personal data being accidentally or unlawfully:
- Disclosed to an unauthorised party
- Accessed by an unauthorised party
The ICO is an independent public body which is responsible for upholding the data rights of individuals. Personal data is defined as any processed infor
The Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) are the laws in place that protect personal data. Article 82 sets out the criteria for you to make a claim if there has been a breach of your personal data:
- A data controller or processor failed to adhere to the laws set out in relation to data protection a data breach happens as a result.
- This data breach involves your personal data.
- This has caused you to experience emotional and/or financial harm.
Broadly, there are two categories of parties who may process your personal data. A data controller decides how and why your data is processed. A data processor can work under the instruction of the controller to process data on their behalf. Both of these parties have a responsibility to the data subjects (the persons to whom the data relates).
For more information on personal data and how it can be compromised in a recorded delivery data breach, please keep reading our guide.
Are There Time Limits To Claim For A Recorded Delivery Data Breach?
You will typically have six years to sue for a data breach. This time limit applies to beginning the claim; there’s no requirement for it to be completed within this timeframe.
If you are claiming against a public body, this time limit reduces to one year.
To find out more about adhering to time limits when making a claim after a recorded delivery data breach, please speak to our team.
There are many types of personal data that could be involved in a recorded delivery data breach. Personal data can include your name, home address, mobile number, or email address. This information may be held by delivery services to enable them to carry out deliveries.
A breach could happen in numerous ways. For example, a letter could be delivered to the wrong postal address despite the correct address having been provided.
Similarly, your details may be accessed by an authorised person if a controller or processor sends delivery updates to the wrong email address. Your personal data could then be available to the incorrect recipient.
For further guidance on the impacts of a recorded delivery data breach, please continue reading to the next section.
You can suffer two kinds of damage as the result of a data breach. These are material and non-material damage.
Material damage refers to the financial losses you may experience as a result of the recorded delivery data breach. For example, if your credit card or banking details were involved in a breach, then this could result in money being stolen from your account, or an impact on your credit score.
Non-material damage refers to emotional distress or harm you have experienced as a result of the data breach. If the breach has made your mental health problems worse because you’re distressed at the prospect that someone else has access to your personal data, you could be reimbursed for this harm. For example, if a recorded delivery service has resulted in an address data breach and you have an abusive ex-partner, you may become suffer from anxiety and depression at the prospect that they could access this data.
Evidence is also useful to have when proving this. Copies of medical records and notes from a GP or therapist could support your claim.
There are steps you can take if your data has been breached. You should be notified about a breach that impacts your rights and freedoms without undue delay and should tell the ICO about this within 72 hours.
You can make a complaint directly to the delivery service if you are concerned that a breach impacting your personal data has occurred. They should be able to confirm whether this is the case and, if so, let you know what data was impacted. They might also attempt to resolve the issue with you directly, but if you accept compensation from them at this point you can’t then go on to claim.
If you are not content with their response, you can then report this further to the ICO. They can investigate the breach. However, you should not wait any longer than three months from the controller’s last instance of meaningful communication to contact the ICO.
The ICO cannot award you compensation. If you’re interested in making a claim for the harm a data breach has caused, get in touch with our team today to see if you’re eligible.
You may be wondering how compensation for data breach claims is calculated. When solicitors are valuing the non-material harm you have experienced, they may utilise compensation brackets provided by the Judicial College Guidelines. We have used some of these figures to create the table below.
However, these are not definite representations of what you will receive. The amount you’re awarded will vary depending on your circumstances.
|Guidelines For Compensation Amounts
|All areas of the persons life such as their ability to cope with relationships are severely impacted and accompanied by a very poor prognosis.
|£54,830 to £115,730
|Moderately Severe (b)
|Significant problems in coping with family and work but a much more optimistic prognosis.
|£19,070 to £54,830
|Problems in dealing with employment and personal relationships but there is notable improvement and a prognosis that is good.
|£5,860 to £19,070
|Less Severe (d)
|The extent to which daily activities were affected and the length of the disability will be considered.
|£1,540 to £5,860
|Post-Traumatic Stress Disorder
|All aspects of the persons life are badly affected and a return to pre-trauma life is unlikely.
|£59,860 to £100,670
|Moderately Severe (b)
|There are some significant disabilities but the prognosis has improved and there is a likelihood of recovery with the extension of professional help.
|£23,150 to £59,860
|Recovery has largely taken place and remaining effects are not majorly disabling.
|£8,180 to £23,150
|Less Severe (d)
|A recovery is made within one to two years.
|£3,950 to £8,180
If you would like a more accurate assessment of your claim that is based on the specifics of your case, speak with a member of our team today.
Date breach solicitors could offer to work on your claim under a Conditional Fee Agreement, a popular type of No Win No Fee arrangement.
These typically mean that you will not have to pay for the services that your solicitor has provided in the event that your claim is unsuccessful. They also won’t ask you to pay them upfront to secure their services or as the claim progresses.
On the other hand, if your claim is a success, your solicitor will deduct a fee from your compensation. This is a success fee, and the percentage of your settlement that they can take is limited by the Conditional Fee Agreements Order 2013.
Please get in contact with our team to receive a free evaluation of your claim. They can provide you with free advice and may be able to provide you with a solicitor.
To reach us, please use one of the methods below:
- Call us on 0800 073 8801
- Use our online form to contact us
- Chat with an advisor through our online support
Thank you for reading our guide on when you can claim compensation after a recorded delivery data breach. More of our guides are linked below:
- Claiming after a social services data breach
- A Company Misused My Data How Do I Claim?
- Your rights after a school data breach
Helpful external sites are linked below:
- Your Right To Be Informed If Your Personal Data Is Being Used – ICO
- Mental Health Services – NHS
- What We Do – The National Cyber Security Centre
Guide by EM
Edited by FS