Victim Support Data Breach – Could I Make A Data Breach Claim?

Should a Victim Support data breach occur, you may wonder how this could affect the safety of your personal data. Victim Support is one of the key charities that assist people after they have been affected by crime. They offer support via telephone calls, text and live chat.

Victim Support Data Breach

Victim Support Data Breach – Could I Claim Compensation?

If a personal data breach were to take place and involve your personal data, it could cause you to sustain a psychological injury. Not knowing who has access to your personal data, or what it is being used for, could cause you to suffer from depression, anxiety or even post-traumatic stress disorder (PTSD). What’s more, you could also suffer from financial harm, such as loss of earnings or money stolen from your bank account due to criminal activity, such as identity theft.

To make a personal data breach compensation claim for this harm,  there is a criterion of eligibility that must be met, which we will discuss in more detail later in this guide. Also, within this article, we will discuss the relevant legislation that governs how personal data is processed, and we will provide compensation guidelines for various injuries. Continue reading to learn more.

You can also speak to a member of our team to discuss your personal data breach claim. Our advisors are available every day, all day, so that you can get in touch at a time that best suits you. They can offer legal advice that is both free and confidential.

To contact our team at Accident Claims UK, you can:

Select A Section

  1. Victim Support Data Breach – Could I Make A Data Breach Claim?
  2. Should A Victim Support Data Breach Occur, What Personal Data Could Be Involved?
  3. Data Breach Claim Limitation Periods
  4. Are You Eligible To Make A Data Breach Claim?
  5. What Could You Claim Should A Victim Support Data Breach Occur And Involve Your Personal Data?
  6. What Are The Benefits Of Using A No Win No Fee Solicitor?

Victim Support Data Breach – Could I Make A Data Breach Claim? 

Two pieces of legislation sit alongside each other to govern the use and storage of personal data in both physical and digital forms. These are as follows:

Data controllers and processors must comply with the data protection laws listed above. Data controllers have overall control over the means and purposes of processing personal data and can employ data processors to act on their behalf. If a data controller or processor fails to adhere to data protection laws, it may lead to a personal data breach that could cause harm and lead to a compensation claim.

To explain a personal data breach, the Information Commissioner’s Office (ICO) provides a broad definition: a security incident that impacts the integrity, confidentiality or availability of personal data. The ICO is an independent UK public body responsible for upholding data protection rights.

If your personal data has been breached due to the failings of a data controller or processor and has caused you to suffer psychiatric or financial harm, you may be eligible to bring forward a claim. Please speak to a member of our team for advice on what you could do next.

Should A Victim Support Data Breach Occur, What Personal Data Could Be Involved? 

The UK GDPR covers personal data, which can be used alone or in conjunction with additional information to identify you as a person. This includes your:

Also, under Article 9 of the UK GDPR, data protection laws cover personal data considered special category data. This is personal data requiring more protection due to its sensitive nature. This can include information revealing your racial or ethnic origin, your religious beliefs and data concerning your health.

Should a Victim Support data breach occur and compromise your personal information, please speak to a member of our team for advice on the steps you could take.

Data Breach Claim Limitation Periods 

A limitation period applies to starting a personal data breach claim. You typically have six years to begin your claim. Although, if you are bringing a claim against a public body, this time is reduced to one year.

To learn more about the time limits applicable to personal data breach claims, please speak to a member of our team.

Are You Eligible To Make A Data Breach Claim?

To make a personal data breach claim, you will have to supply evidence that proves the following criteria:

  • Firstly, a data processor or controller fails to adhere to the UK’s data protection laws, which leads to a breach.
  • Secondly, your personal data is compromised by the breach.
  • Finally, as a result of the personal data breach, you suffered psychiatric harm or monetary losses.

How Common Are Security Incidents? 

Should a data controller discover the occurrence of a personal data breach that affects your rights and freedoms, they must notify you without undue delay and report the breach within 72 hours to the ICO, who then compiles these reports into statistics. The ICO then publishes data security incident trends by yearly quarter. Below we will provide key figures relating to the charitable and voluntary sectors:

  • From Qtr 2 of 2019 to Qtr 2 of 2022 there were 1,682 incidents reported.
  • 1,277 occurred due to non-cyber causes.
  • 405 occurred due to cyber causes.

To discover whether you could be eligible to make a personal data breach claim, please allow one of our advisors to assess your claim.

What Could You Claim Should A Victim Support Data Breach Occur and Involve Your Personal Information? 

There are two potential heads of a successful personal data breach claim: non-material and material damage.

Non-material Damage

Non-material damage is the psychiatric injuries you have suffered as a result of the personal data breach. This can include emotional distress.

As a guide to potential compensation amounts for different injuries, we have created the table below. To do this, we used the Judicial College Guidelines (JCG), updated in April 2022. Legal professionals, such as data breach solicitors, can also use this document to help them value non-material damage.

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Psychological Injury Severity Potential Compensation Brackets Further Notes
Psychiatric Damage (a) Severe £54,830 to £115,730 The injury will have a very poor prognosis and will cause marked problems in multiple areas of the person’s life, such as their ability to cope with daily life and their relationships.
Psychiatric Damage (b) Moderately Severe £19,070 to £54,830 Similarly to the above bracket, the person will experience significant problems in multiple areas of their life. However, there will be a much more optimistic prognosis.
Psychiatric Damage (c) Moderate £5,860 to £19,070 Although the person would have experienced some problems in multiple areas of their life, they will have made a marked improvement by trial, with a good prognosis.
Psychiatric Damage (d) Less Severe £1,540 to £5,860 The level of the award will account for the length of the period of disability and the amount that daily activities and sleep were impacted.
Post-Traumatic Stress Disorder (a) Severe £59,860 to £100,670 Within this bracket, injuries will entail permanent effects that prevent the person from operating at anything near the level they did pre-trauma. The injury will badly affect all aspects of the person’s life.
Post-Traumatic Stress Disorder (b) Moderately Severe £23,150 to £59,860 This category differs from the one above due to the better prognosis for some recovery with professional aid. However, for the foreseeable future, the effects are still probable to cause significant disability.
Post-Traumatic Stress Disorder (c) Moderate £8,180 to £23,150 Within this bracket, the person will have made a large recovery. If any effects continue, they will not be considered grossly disabling.
Post-Traumatic Stress Disorder (d) Less Severe £3,950 to £8,180 Within this bracket, the person will have made a virtually full recovery within 1 – 2 years. Symptoms persisting any longer will be minor.

Please consider these figures as a guide. Each case is unique.

Material Damage

Material damage is the financial losses caused by the personal data breach. This could include:

  • Money stolen from your accounts
  • Damage to your credit score
  • Loss of earnings

To support a claim for material damage is it important to provide evidence, such as bank records and payslips. To learn more about the compensation that you could be eligible to pursue following a personal data breach, speak to our team of advisors.

What Are The Benefits Of Using A No Win No Fee Solicitor? 

Should a Victim Support data breach occur and involve your personal data, you may want advice on what to do next. Speak to our team of advisors at Accident Claims UK for legal advice at no cost. Should they find that you could be eligible to bring forward a data breach claim, they may connect you with one of our specialist solicitors.

When opting to use a solicitor to make a claim, you could be presented with the offer to enter into a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This will typically involve no upfront or ongoing payments for your solicitor’s services. Nor will you pay any fees for these services in the event your claim is unsuccessful.

On the other hand, if your claim does resolve successfully, a No Win No Fee solicitor can take a small percentage of the data breach compensation. This is capped by legislation.

To contact our team at Accident Claims UK, you can:

References

Explore these additional sources for more information on making a personal data breach claim:

External links:

Thank you for reading this guide to the steps you could take should a Victim Support data breach occur and compromise your personal information.