By Marlon Fawkes. Last Updated 15th March 2023. If your personal data has been compromised through a text message data breach, this could cause psychological or financial harm. In this guide, we will discuss how a breach could affect you and what steps you could take to make a claim.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are two articles of legislation that focus on data protection for UK residents. We will explain this legislation, as well as the benchmarks your claim must meet if you wish to make a valid claim.
You may be wondering how much compensation you could be due. We will explain how data breach solicitors calculate compensation amounts in personal data breach cases.
Finally, we’ll explain how a No Win No Fee solicitor could help you make a claim for data breach compensation. Read on to learn more, or reach out to our team for more information by:
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- What Is A Text Message Data Breach?
- What Could Cause A Text Message Data Breach?
- How Could A Text Message Data Breach By An Employer Impact You?
- How Do I Claim Compensation For A Data Breach?
- Compensation For Data Protection Breach
- Start Your No Win No Fee Claim
A personal data breach is a security incident that may compromise the availability, integrity, or confidentiality of your personal data and could put you at psychological or financial risk.
In order to claim for a text message data breach, you must prove the following:
- The organisation responsible for your data engaged in wrongful conduct, which caused the breach
- Your personal data was involved in the breach
- You suffered harm as a result of the personal data breach
These criteria are set out under data protection law, which is enforced by the the Information Commissioner’s Office (ICO). The ICO is an independent data protection watchdog, and can impose fines against organisations that do not comply.
A data controller, usually an organisation, determines the purposes for which your personal data is collected and used. On the contrary, a data processor then processes data on behalf of the controller.
We could help you if you have been affected by a text message data breach. Speak to an advisor for a free consultation with no obligation to claim with us afterwards.
There are many ways that misuse of personal data could cause a text message data breach. However, not all text message data breaches will form valid data breach claims.
One way that a text message data breach could occur is through misdelivery. For example, if a GP surgery sends a text containing your appointment information or test results to the wrong number, despite being informed of your correct phone number, this could be a personal data breach. This could happen as a result of outdated records, or through human error.
To find out if your claim could be valid, get in touch with our team of advisors today.
A personal data breach can have many impacts, both to your finances and to your mental health. For example, if your bank details are compromised over text message, this could have a range of consequences, from identity fraud to illegal charges on your credit card. This, in turn, could lead to damage to your credit score.
To learn more about the impacts of a breach and to learn if you can claim, contact our advisors today.
If an organisation suffers a personal data breach that could compromise your freedoms or rights, it must inform you without undue delay. Similarly, they must inform the ICO within 72 hours. If you do not receive notification of a breach but suspect that your personal data has been compromised, you can get in touch with the organisation directly. They may be able to confirm the breach or provide more information.
However, if the organisation does not reply within three months, or if their reply is not satisfactory, you can make a complaint to the ICO. Even though the ICO can’t award compensation for a data breach, it could open an investigation or impose a fine upon the organisation. Evidence of this could help you strengthen your claim.
Finally, you might consider legal advice. Our advisors work around the clock to offer free legal advice and could connect you to one of our experienced data breach solicitors. Furthermore, a solicitor could use their experience to help you cover all the bases of your claim.
A claim for suffering from material damage could see you reimbursed for any losses caused by your breach. For example, if you were financially affected by:
- Being unable to work
- A need to replace compromised items
Then you could document evidence of these losses to present as part of your data breach compensation claim.
A claim for suffering from non-material damage could see you awarded compensation for any psychological injury or harm you suffered.
There are no exact figures for what you may be awarded, but your mental suffering may be valued by using Judicial College Guidelines. This is a document routinely used by litigators to value injuries in compensation claims. We have created a table that features the document’s psychological injury listings.
|Severe Psychiatric Damage
|£54,830 to £115,730
|This bracket features severe and significant harm and a very poor prognosis. Effects result in severe issues coping with all aspects of daily life.
|Moderately Severe Psychiatric Damage
|£19,070 to £54,830
|The symptoms of this bracket are similar to the case mentioned above. However, the prognosis is slightly more optimistic.
|Moderate Psychiatric Damage
|£5,860 to £19,070
|This bracket features a good prognosis. This is due to symptoms showing improvement by the time the case goes to trial.
|Less Severe Psychiatric Damage
|£1,540 to £5,860
|Consideration for this bracket is given to the length of time that symptoms persist and the effect that these symptoms have on daily life.
|Severe Post-Traumatic Stress Disorder
|£59,860 to £100,670
|Permanent, severe harm causes an effect on all aspects of life. There is no prospect of employability in the future and a very poor prognosis.
|Moderately Severe Post-Traumatic Stress Disorder
|£23,150 to £59,860
|While symptoms are similar to the case above, the prognosis is slightly better. This is due to some chance of recovery through professional treatment.
|Moderate Post-Traumatic Stress Disorder
|£8,180 to £23,150
|A large recovery takes place, with the only symptoms that remain to be non-disabling.
|Less Severe Post-Traumatic Stress Disorder
|£3,950 to £8,180
|A full recovery can be achieved within one to two years, with only minor symptoms continuing after this time.
Because of a ruling made in Vidal-Hall and Others v. Google Inc. (2015), you can seek either form of damage compensation separately or as part of the same claim.
An adviser can provide you with a free estimate of how much compensation your data protection breach claim could be awarded.
Starting a personal data breach claim can seem daunting. However, one of our solicitors could guide you through the claiming process with the help of a Conditional Fee Agreement (CFA). With a CFA, also known as a type of No Win No Fee arrangement, there are generally no upfront fees or ongoing costs to pay as your solicitor works on your case.
If your claim then succeeds, your solicitor takes a success fee. This fee is a percentage of your settlement, but this has a legal cap to help in ensuring you get the majority of your compensation. However, you don’t pay this fee if your claim does not succeed.
Our team of advisors can offer you a free consultation, in which they can identify if you have a valid claim. If your claim is viable, they may connect you with one of our expert data protection solicitors. To learn more:
Text Message Data Breach Compensation Resources
For more helpful articles, we recommend:
- What Are My Rights After A Pharmacy Data Breach?
- What Are My Rights After A Solicitors Data Breach?
- Your Rights After A Loan Provider Data Breach
- Get information on making a gym data breach claim with our helpful guide.
Or, for more helpful resources:
Contact our advisors today to learn more about making a text message data breach claim.
Guide by LJ
Edited by CH