As data breach & Cybercrime cases are so varied here are some examples of past cases.
Jane* was referred to a qualified third-party for a standard workplace assessment. This assessment was designed to make sure Jane had everything she needed to reach her full potential in her job. However, the party conducting the evaluation added sensitive personal information about her to their report and gave this to her employer.
This information was not relevant to the assessment Jane undertook. Worse, it led to a dispute between Jane and her employer over the disclosures she made while applying for her job.
In response, Jane made a data breach claim against the workplace assessment provider. As well as claiming for the initial breach of her sensitive information, she also claimed damages for the loss and injury she suffered by the infringement when this knowledge was used against her.
Today, such unlawful disclosures are all too familiar, and in such cases, this can result in complex anxiety and stress. But in such situations, you can claim damages for any psychological injuries caused by the breach of your personal data. If you find yourself suffering, make sure you seek appropriate medical attention as soon as any symptoms arise so that the impact can be adequately assessed.
*Not real name
Data breach leading to increase in unwanted spam
Paul* was the subject of a data breach when his employer was hacked and his personal and sensitive financial information was put at risk.
As a direct result of that hack, Paul was subsequently bombarded with unwanted spam calls and text messages, some of which became quite personal. This proved to be very distressing and resulted in Paul and his family suffering from distress and worry. Paul was diagnosed with an anxiety-related psychological condition that would require treatment to help him fully recover.
As the spam could be traced back to the original data hack, Paul was able to claim for the breach of his data and the injury caused.
Unfortunately, this situation is not limited to employers as such data is often held by public organisations, GPs, finance houses and public service suppliers. If you feel that your data has been compromised and you can track any increase in unwanted calls, entails, texts etc. back to that breach, you may have a claim for compensation. In the first instance you should report the breach to the ICO so they can investigate.
*Not real name
Data breach due to processing error
A public services report that identified sensitive and personal information about Sarah* and her family was mistakenly posted to a random person. The most likely cause of the breach was a processing error when sending the report with a covering letter. Unfortunately this is a common yet dangerous occurrence in large and small organisations.
As a result, Sarah felt compromised in her dealings with the public body, and became stressed and anxious that the information would fall into the wrong hands. She was able to make a data breach claim which took into account the initial breach and the subsequent impact.
*Not real name