Helping to reduce the impact of the police & criminal justice data breach violations.
The criminal justice sector has access to a wide range of sensitive information about us. Not to mention technology such as the Police National Computer (PNC) and Automatic Number Plate Recognition (ANPR). But all too often this data is not being looked after as well as it should.
As our criminal justice system becomes increasingly digital, it is vital that there are adequate and robust protections in place to secure the data and information held within it. And that the police and other staff have the knowledge and ability to handle such data securely.
But all too often this isn’t happening.
In response, at Hayes Connor Solicitors, we help our clients to make compensation claims after their data was put at risk by the organisations they trusted to look after it.
If you have suffered damage or distress caused by the police or another civil justice body breaching any part of the Data Protection Act (the UK’s interpretation of the GDPR), you have a right to claim compensation.
At Hayes Connor Solicitors, we’ve been helping people to do just that for over 50 years, so we know what it takes to make a successful central or local government data breach compensation claim.
What do you need to know about police and criminal justice data breaches?
It’s not just hackers you have to worry about.
While the threat of cybercrime is something that the police and criminal justice sector needs to take seriously, human error remains the leading cause of breaches. And, these errors (which are just as likely to happen offline) must also be addressed.
Common breaches include wrongly releasing information to third parties, sending information to the wrong people, or even putting inappropriate things on social media.
As well as professional breaches due to a lack of care, individual police officers are regularly falling foul of data protection laws for accessing data outside of lawful policing purposes. But, even where officers think that they are acting with the right intentions, there are strict rules about how such information can be accessed, and by ignoring these, officers are breaking the law and risking severe penalties. So much so that in an average year, the police receives thousands of criminal and misconduct allegations and spends millions on legal advice and representation.
At Hayes Connor, our expert solicitors deal with a significant number of police and criminal justice data breach cases. During our work, we see many different types of claims and understand how data breaches can affect people in different ways.
Types of police and criminal justice data breaches.
It is the job of the police to protect us, and in a digital society that also means protecting our data. However, all too often our trust in those in authority who have access to our personal information is being undermined. Where a breach occurs, the ICO can respond with actions such as financial penalties and prosecutions.
Some examples of cases investigated by the ICO include where:
- Gloucestershire Police was fined for revealing identities of abuse victims in bulk email
- The Crown Prosecution Service (CPS) was fined £325,000 after they lost unencrypted DVDs containing recordings of police interviews
- Greater Manchester Police was fined £150,000 after three DVDs containing footage of interviews with victims of violent or sexual crimes got lost in the post
- Dyfed-Powys Police was fined after an email, including information that could be used to identify eight sex offenders, was sent to a member of the public in error
- Kent Police was fined after sensitive personal details of a woman who accused her partner of domestic abuse were passed to the suspect
- Scotland Yard breached data protection laws to spy on one of its officers while she was on sick leave
- The Ministry of Justice was fined £180,000 for “serious failings” in the handling of confidential data following the loss of a hard drive containing the details of almost 3,000 prisoners at Erlestoke prison in Wiltshire.
The full impact of a police or criminal justice data breach is not always immediate.
Dealing with many different types of police and criminal justice data breach cases, one thing that has become apparent to our solicitors is that the full impact is often not felt until months after the initial violation.
In particular, where personal records are accessed, we’ve seen cases where experiencing a data breach has resulted in adverse life events such as having to move house or area, losing a job, relationship stress and separation, and dislocation from friends and family. All of which can lead to a diagnosable psychological injury. And this is often happening months after the initial breach was revealed.
Crucially, in most cases, these data breaches aren’t caused by scammers trying to hack our government, but by simple human errors.
Who is at fault?
Cybercriminals are becoming more and more sophisticated. But this doesn’t let the police and criminal justice bodies organisations off the hook. If they have done everything in their power to protect your data and have robust security processes and procedures in place, it is unlikely that a claim would be successful. This is why we usually wait for the results of an investigation by the ICO before starting a claim.
But, in most cases, police and criminal justice data breaches happen because of human error and/or a failure to implement reasonable and robust processes. So claiming compensation isn’t just in your best interests – it is the only way these bodies will be persuaded to take their responsibilities seriously and make the necessary improvements.
Police or criminal justice compensation after ICO investigation.
At Hayes Connor, we can help you make claims against the police and other civil justice organisations already fined by the ICO.
Of course, you may not know that your data has been breached until you hear that the ICO has fined a police force or other body. In such cases, it’s worth finding out whether your data was put at risk to see if you have a claim for compensation. We can also keep you updated on upcoming and current police data breach claim investigations.
We can also keep you updated on upcoming and current data breach claim investigations.
We can make data breach claims against:
Police forces
Individual police officers
The courts
The Ministry of Justice
Making a police or criminal justice data breach claim.
Our professional, friendly team will advise you on whether you have a valid claim against a police force, police officer or other civil justice organisation. If you are not sure whether your private information has been misused or mishandled, we can find this out for you.
If we believe you have a substantial, complex case, we may be able to act for you on a NO WIN, NO FEE basis. For smaller claims, our quick assessment form will help you to start your claim, quickly and easily.
Contact us today for a free initial assessment.
Our process is fully compliant with ICO guidance, and we never put your details at risk. We will NEVER pass your details onto anyone without your permission.
What will we claim for?
To claim compensation in a civil justice or police data breach case, you must be able to prove that you suffered as a result of the breach. This includes financial harm (for example not being able to get a job), physical harm, reputational damage, and anguish and anxiety.
Financial losses
A police or criminal justice data breach can lead to both financial and/or identity theft. And the result of either of these can be devastating. With enough information, cybercriminals can apply for credit in your name, set up fraudulent bank accounts and access your existing accounts.
Distress
Even if you haven’t lost out financially after a police or criminal justice data breach, this doesn’t mean that there is “no harm done.” A personal data breach is a 21st-century version of being burgled. If a criminal came into your home and stole your private information, you would be distressed. So why should you feel any less upset at having your personal data taken?
Being the victim of a crime can have a significant impact on you mentally and physically. Of course, everyone reacts differently, but for some people, the effects can include a lack of sleep, feeling ill, unsettled or confused. Stress can also affect your friends, your family and your job. So being told to just “get over it” isn’t helpful.
Start your civil justice or police data breach claim today.
At Hayes Connor Solicitors we help you to claim compensation and steer you through the aftermath of a police or criminal justice data breach – minimising the impact on you as much as possible.
With strict time limits in place for making a data breach claim against a civil justice body (currently all breaches going back six years could be subject to a claim) it’s important to act now.
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Hayes Connor Solicitors, First Floor, Old Town Hall, Victoria Square, Widnes, WA8 7QZ