This guide explains how to use No Win No Fee solicitors for a breach of data protection claim.
Guide to using No Win No Fee solicitors for a breach of data protection claim
A large benefit of claiming for a breach of data protection with No Win No Fee Solicitors is that you must only pay a fee to your solicitor if your claim is successful.
A breach of data protection can cause many issues. This could include identity theft which may also affect your finances as a consequence of fraudulent activity, as well as damage to your mental health.
If your data has been breached, you may be eligible for compensation. There are two kinds of damage that you could claim compensation for, material or non-material damage. Financial loss counts as material damage, but psychological harm, for example, anxiety or depression, is considered non-material damage.
To find out if you could use our panel of No Win No Fee solicitors for a breach of data protection claim, contact an advisor for free using the details below:
- Contact us online
- Call an advisor on 020 8050 3051
- Use the live chat feature to chat to an advisor
Choose A Section
- No Win No Fee Solicitors And Breach Of Data Protection Claims
- What Are The Benefits Of Making A Claim On A No Win No Fee Basis?
- When Are You Eligible To Make A Data Protection Breach Claim?
- Can You Get Compensation For A Data Breach?
- What Potential Evidence Could Help In A Data Protection Breach Claim?
- Learn More About No Win No Fee Solicitors And Breach Of Data Protection Claims
No Win No Fee Solicitors And Breach Of Data Protection Claims
The Information Commissioner’s Office (ICO) oversees data protection rights for UK residents. They do this by enforcing data protection legislation.
The main pieces of legislation in place to protect the personal data of UK residents are the UK General Data Protection Regulation (UK GDPR), and also the Data Protection Act 2018 (DPA). Personal data is any information which can specifically identify someone. If the confidentiality, availability, or integrity of this data is compromised, this is a personal data breach.
All data controllers and processors with access to the personal data of UK residents must ensure they adhere to these laws. A data controller is an organisation who determines the purpose and how personal data is processed. A data processor is a body which processes personal data on behalf of the controller.
There needs to be some form of wrongful conduct on the part of the data controller or data processor to constitute a personal data breach claim. You must also prove that your personal data was affected, and this caused you harm.
To learn more about using No Win No Fee solicitors for a breach of data protection claim, get in touch with our team.
What Are The Benefits Of Making A Claim On A No Win No Fee Basis?
A No Win No Fee agreement is an arrangement between you and your solicitor that allows you access to legal counsel with certain benefits.
For example, under an arrangement such as a Conditional Fee Agreement (CFA), should your personal data breach claim be unsuccessful, you won’t have to pay a fee for your solicitor’s services.
Therefore, a large benefit of using a CFA is that you don’t have to pay any upfront legal fees to your solicitor for them to begin work on your claim. Likewise, your solicitor will not request any ongoing fees to pay for their services.
You must only pay a fee at the end of a successful claim, also known as a success fee. As such, using a No Win No Fee solicitor could be a financially beneficial way for you to access legal representation. A No Win No Fee solicitor can also help ensure that your claim is filed in full.
Get in touch with our team today to find out how using our panel of No Win No Fee solicitors for your breach of data protection claim could be beneficial to you.
When Are You Eligible To Make A Data Protection Breach Claim?
You would only be able to claim if the breach was caused by positive wrongful conduct and this caused you to suffer harm.
With this in mind, some examples of potential personal data breach claims include:
- Your personal details such as name and address being sent to the wrong email address in a social services data breach.
- A bank data breach could occur if your bank sends your new credit card to your old address, despite having your new address on file.
- A GP data breach could occur if a receptionist shares information from your medical records over the phone without first conducting any ID or security checks.
If you have been affected by a situation similar to those above, you may be able to claim. Get in touch with our advisors to learn how you could use our panel of No Win No Fee solicitors for your breach of data protection claim.
Can You Get Compensation For A Data Breach?
The Judicial College Guidelines (JCG) is a document that helps legal professionals value compensation claims. It does so by providing guideline settlement awards for a variety of injuries and illnesses.
This table offers JCG brackets in relation to non-material damage compensation.
| Type Of Harm | Severity | Description | Compensation |
|---|---|---|---|
| Mental Harm | Severe | There will be a severe impact on the ability to cope with various aspects of daily life, with a very poor prognosis. | £54,830 to £115,730 |
| Mental Harm | Moderately Severe | Symptoms are similar to above, but the prognosis is better. | £19,070 to £54,830 |
| Mental Harm | Moderate | Symptoms show improvement, leading to a good prognosis. | £5,860 to £19,070 |
| Mental Harm | Less Severe | Consideration is given to the length of time affected by symptoms and how daily activities are affected by their presence. | £1,540 to £5,860 |
| PTSD | Severe | Permanent and severe symptoms lead to a complete inability to work or function as they would have before the trauma. | £59,860 to £100,670 |
| PTSD | Moderately Severe | Some recovery is possible with professional treatment. | £23,150 to £59,860 |
| PTSD | Moderate | A large recovery takes place, with only non-disabling symptoms that remain. | £8,180 to £23,150 |
| PTSD | Less Severe | In 1-2 years a virtually full recovery is made, and any lasting symptoms are minor. | £3,950 to £8,180 |
Non-material damage specifically relates to the psychological harm caused by the breach. For example, this could be distress, anxiety, or PTSD. These injuries could all be covered by non-material damage compensation.
Material Damage In A Breach Of Data Protection Breach Claim
Material damage is the financial loss which has occurred due to the breach of your data. This could be money stolen from your bank account or damage to your credit score following a credit card data breach. These losses could potentially be covered under material damage compensation.
To learn more about compensation for damage in personal data breach claims, get in touch with our team today.
What Potential Evidence Could Help In A Data Protection Breach Claim
Collecting evidence is crucial to a successful compensation claim. Correspondence between yourself and the organisation that experienced the data breach could help establish how it occurred. It could also help you establish the extent to which the breach has impacted you.
Medical records can also be used as evidence to help strengthen your claim. For example, they may detail any medical conditions you have developed as a result of the breach, such as anxiety, depression, or stress.
It’s important to provide evidence of your material losses if you’ve experienced any as a result of the data breach. This could include providing receipts, invoices and bank statements which specifically highlight the amount of material loss.
Contact Us To Learn About No Win No Fee Solicitors And Breach Of Data Protection Claims
If your data has been breached, and you have strong supporting evidence, please get in touch with our advisors for free legal advice.
They can assess your claim for free, and if they find it to be viable, you could be put through to a No Win No Fee solicitor from our panel who could offer you expert legal representation through a CFA.
Learn More About No Win No Fee Solicitors And Breach Of Data Protection Claims
For more helpful guides, we recommend:
- Hospital Data Breach Claims
- Children’s Personal Data Breaches
- What Are The Consequences Of A Data Breach In Healthcare?
Or, for more resources:
Get in touch with our team today to learn more about No Win No Fee solicitors and breach of data protection claims.
Writer Saif Solace
Publisher Cat Harley