TYPES OF DATA BREACH CLAIMS
A data breach can occur in any industry, business, school, organisation, or government department (e.g. the police, the NHS and the social services). Most often, breaches happen in service based industries where there is direct contact with the public. Over the last few years, mobile phone networks, tech firms, retailers, and banks have all hit the headlines due to data security breaches.
Types of data protection compensation claims include:
- Where your data has been inadvertently lost, hacked or leaked
- Where your identity has been stolen to obtain credit cards fraudulently
- Where an organisation broke the law and used your information for journalism, artistic or literary purposes without your permission
- Where your personal data has been sent to a third party without your express permission
- Where your personal information has been misused or mishandled
- Where your privacy has been compromised as part of a whistle-blowing operation
- Where an organisation failed to maintain up-to-date, accurate information about you and this caused you damage
- Corporate data breach claims where businesses have had their company data leaked (e.g. banking information, business plans, etc.).
DAMAGE AND DISTRESS
To claim compensation you must be able to prove that you suffered as a result of the breach. This includes financial and medical harm, as well as anguish and anxiety.
In many cases, a violation will not cause damage but will cause distress. Typically, while an individual who has suffered damage could have their compensation increased to take any associated distress into account, in most cases, compensation will not be awarded for distress alone. However, if an organisation broke the law and used your information for journalism, artistic, or literary purposes, you are entitled to claim solely for distress.