Have you suffered emotional harm due to a flight information data breach? Perhaps your finances were affected by the breach? If a breach of your personal data has caused you to suffer harm, you may be able to make a compensation claim.
Flight information data breach claims guide
This informative guide looks at the two main pieces of legislation that seek to protect the data rights of UK residents. These are called the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR). They are enforced by an independent agency called the Information Commissioner’s Office (ICO). It has the power to investigate and, if necessary, fine any organisation that fails to properly adhere to data protection law.
However, you cannot claim compensation from the ICO. If you are interested in making a claim for compensation, our advisors can help. They can offer free legal advice and more guidance on how to claim compensation when you get in touch by:
- Calling our team on 0208 050 3051
- Contacting us online and requesting a callback
- Or using the live advice option
Choose A Section
- Can You Claim For A Flight Information Data Breach? – A Guide
- How Could A Flight Information Data Breach Happen?
- Evidence That Could Help You Make A Breach Of Data Protection Claim
- What Could You Receive From A Data Protection Breach Claim?
- What Are The Benefits Of Using Our Panel Of No Win No Fee Data Breach Solicitors?
- Learn More About Making A Flight Information Data Breach Claim
Can You Claim For A Flight Information Data Breach? – A Guide
Personal data is recognised as any detail that, when used alongside other details or on its own, has the potential to reveal or allow someone to infer your identity. This can range from your full name and email address all the way up to special category data.
Special category data is a kind of personal data that needs extra layers of protection. This is because it’s sensitive in nature. Special category data can include your health information, such as allergies, medical records and information on your medical conditions. It can also include your sexuality and your racial or ethnic origin.
For example, your allergies may be included in your flight information if you have a peanut allergy, and this means adjustments must be made for your in-flight meal. Similarly, your flight information may include your contact details, postal address, and passport number.
Data controllers and data processors are responsible for handling your personal data in line with the legislation above. A data controller establishes the purposes for which your data is to be used, and a data processor then processes it on their behalf.
If this data’s integrity, confidentiality, or availability is compromised in a security incident, this is a personal data breach. We will look at the criteria for claiming for a personal data breach later on in this article.
Read on to learn more about what to do if your data is breached. Alternatively, you can get in touch with our advisors today to start your claim.
How Could A Flight Information Data Breach Happen?
Even if your personal data is breached, you may not always be able to make a personal data breach claim. This is because Article 82 of the UK GDPR outlines the criteria that your case must meet in order to be eligible for compensation, which include:
- Your personal data has to be affected by the breach
- You experienced harm due to the breach
- It must occur due to the organisations’s failings
With this in mind, some examples of how a flight information data breach could occur include:
- Your plane ticket could be sent to the wrong postal address in a human error data breach, allowing an unauthorised party to access the personal data on the ticket
- Details of your flight could be verbally disclosed over the phone to an unauthorised party without the proper security checks taking place
- Cybercriminals could access your personal flight information data if an airline or travel organisation fails to employ adequate cybersecurity policies.
If your personal data regarding a flight has been breached, get in touch with our team. Or, read on to learn more about data breach compensation.
Evidence That Could Help You Make A Breach Of Data Protection Claim
Evidence can be helpful when making a claim for compensation. Collecting evidence can be done alone, or it can be done with the help of a solicitor.
Some examples of evidence that you could collect in order to help strengthen your claim include:
- Medical evidence, such as an independent medical assessment that illustrates the psychological harm you have suffered as a result of the breach
- Payslips, bills, or invoices that demonstrate the impacts that the breach has had on your finances
- Correspondence with the ICO, who may choose to investigate the breach. This could result in the ICO ordering a fine against the organisation responsible, which could also help strengthen your claim.
- A letter of notification from the organisation responsible or similar correspondence that confirms the breach occurred and that it affected your personal data.
To learn more about how a solicitor from our panel could help you strengthen your flight information data breach claim, contact our team today.
What Could You Receive From A Data Protection Breach Claim?
In the case of a flight information data breach claim, there are two areas of damage that you could receive compensation for: emotional and financial harm, also known as non-material damage and material damage.
Non-material damage refers to the emotional harm caused by the breach. For example, if a breach causes anxiety, depression, or PTSD, you could claim non-material damage compensation for this distress.
Using a publication called the Judicial College Guidelines (JCG) that provides solicitors with guideline compensation awards, we have created the following table in regard to non-material damage compensation.
| Type of Injury | Severity | Notes | Compensation Bracket |
|---|---|---|---|
| Psychiatric Damage | (a) Severe | The injured person will suffer marked issues in areas of work and personal relationships. A poor future prognosis | £54,830 to £115,730 |
| Psychiatric Damage | (b) Moderately Severe | Similar significant issues represent a long-standing illness but a better prognosis than above | £19,070 to £54,830 |
| Psychiatric Damage | (c) Moderate | By the time the case is heard at trial, symptoms will have shown a large improvement. | £5,860 to £19,070 |
| Psychiatric Damage | (d) Less Severe | Reflective of the length of disability and the effects of symptoms on daily life. | £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | Permanent impacts and severe symptoms prevent the person from working or living life as they would have pre-trauma. | £59,860 to £100,670 |
| PTSD | (b) Moderately Severe | A better prognosis than above due to the chance of some recovery following professional treatment. | £23,150 to £59,860 |
| PTSD | (c) Moderate | Largely a recovery, with any continuing effects being non-disabling. | £8,180 to £23,150 |
| PTSD | (d) Less Severe | Virtually a full recovery within a 2 year period with only minor issues persisting. | £3,950 to £8,180 |
Please note that these figures are guidelines only. The actual compensation you could receive if your claim succeeds may differ.
Can You Also Claim For Material Damage?
You may also be eligible for material damage compensation. This is compensation for the harm the breach does to your finances– For example, if your personal data is used to commit identity fraud, this could lead to illegal charges made to your credit card.
What Are The Benefits Of Using Our Panel Of No Win No Fee Data Breach Solicitors?
With all this in mind, you may be considering making a claim for a flight information data breach. This can seem daunting and complex, but a solicitor from our panel could help you with a Conditional Fee Agreement (CFA).
No Win No Fee contracts such as this mean that the solicitor agrees to work on your claim without first receiving an upfront fee for their work. In the case of a successful claim, then a capped, small percentage of the compensation award is deducted as their success fee. But if your claim fails, then you will not be expected to pay your solicitor for their services.
If you would like to know more about how solicitors offering a No Win No Fee agreement could help you, our team are happy to help.
Contact Us For Free To See If You Could Receive Data Breach Compensation
Our advisors can offer free legal advice alongside a free consultation of your claim when you get in touch today. If your claim is valid, they may also connect you with a solicitor from our panel. Learn more by:
- Calling our team on 0208 050 3051
- Contacting us online
- Or use the live advice chat bubble
Learn More About Making A Flight Information Data Breach Claim
As well as help with flight information data breach claims, the articles below provide further reading on data breach topics:
- Tips for making an airline data breach claim
- Read more on passport data breach claims
- What to do after a website data breach
Or, for further reading:
To learn more about making a flight information data breach claim, get in touch.
Writer Jeff Walker
Publisher Cat Harley