This article explores when you may be able to claim for a personal data breach if a letter has been sent to an old address and this compromised your personal data causing you financial loss, emotional harm, or both.
Can You Claim For A Data Breach If A Letter Has Been Sent To An Old Address?
The Data Protection Act 2018 (DPA) alongside another piece of data protection law, the UK General Data Protection Regulation (UK GDPR), specify the obligations data controllers and data processors have to protect your personal data. Controllers set the means and purpose for processing your personal data and may process it themselves. Alternatively, they can outsource this task to a data processor who acts on their instruction.
Throughout this guide, we provide examples of how a failure on the part of the controller or processor to uphold their responsibilities could lead to your personal data being compromised in a letter data breach.
Additionally, we discuss the potential compensation payout that could be awarded following a successful data breach claim, including how they are calculated and what they could comprise. You can also find guidance on the evidence you could gather to support your case and how a solicitor working on a No Win No Fee basis could assist you.
For more information about data breach compensation claims, please don’t hesitate to contact an advisor. To do so, you can:
- Call our team 24 hours a day, 7 days a week on 020 8050 3051
- Contact us via our website
- Or try the support bubble below for instant help.
Choose A Section
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- Can You Claim For A Data Breach If A Letter Has Been Sent To An Old Address?
- How Could A Letter Be Sent To An Old Address?
- How Do You Claim Compensation For A Data Breach?
- Data Breach Compensation Examples – How Much Could You Receive?
- Work With A Data Breach Solicitor On A No Win No Fee Basis
- Read More About What Counts As A Data Breach
Can You Claim For A Data Breach If A Letter Has Been Sent To An Old Address?
If you are considering making a personal data breach claim after a letter was sent to an old address, there are eligibility criteria that need to be met.
- Firstly, you need to demonstrate that there was a failure by a controller or processor to adhere to data protection legislation; namely, the UK GDPR and the DPA 2018 which set their responsibilities for processing, storing and handling your personal data.
- Secondly, you need to show that due to the controller and processor’s failings your personal data was compromised in a breach. A breach of personal data can be a security incident that affects the integrity, availability and confidentiality of your personal data.
- Finally, you need to show that you were affected financially, psychologically, or in both ways because of the personal data breach.
Call our team to find out more about the eligibility criteria and determine whether you could have valid grounds to pursue data breach compensation.
How Could A Letter Be Sent To An Old Address?
Personal data is information that can be used in order to identify you, such as your name, email address, postal address, credit and debit card details. It can also include other data that is more sensitive and given extra protection, such as data concerning your health. This is special category data.
There are several ways a letter could be sent to an old address leading to your personal data being compromised. For example:
- A bank fails to update your details to include your current address, despite you informing them of the change. As a result, your new debit card and pin number are sent to the wrong address causing you to experience monetary loss through money being stolen from your account.
- Despite having the correct address on your file, a letter containing information relating to your health is sent to your old address. As a result, information about your medical condition is accessed by an unauthorised party causing you to experience stress and anxiety.
To discuss your specific circumstances, please contact an advisor. They can assess whether you’re eligible to seek compensation.
How Do You Claim Compensation For A Data Breach?
After a letter is sent to an old address compromising your personal data, there are several steps you could take. For example:
- Contact the organisation directly. They may have informed you of the breach already if it has put your rights and freedoms at risk. However, if you haven’t received any notification of the breach, you can contact them directly via email, letter or telephone.
- Report the breach to the Information Commissioners Office (ICO). The ICO uphold the information rights for data subjects in the UK. You can make a complaint to the ICO, but you must wait three months from the last meaningful contact you had with the organisation. The ICO may investigate your concerns, but it’s important to be aware that they cannot award compensation.
- Gather evidence of the breach. This could include a letter of notification from the organisation, other correspondence you have had with them, and any findings from an ICO investigation.
- Collect evidence to show how the breach affected you. This can include medical records that show the psychological impact, or financial documentation that show the monetary losses you have experienced due to the breach.
The data breach claims process can seem complex, however a solicitor from our panel could help. They have experience handling claims of this nature and could assist you in seeking data breach compensation. Call our team for more information.
Data Breach Compensation Examples – How Much Could You Receive?
Following a successful claim for data breach compensation you could receive compensation for:
- Psychological harm: This is referred to as non-material damage and can include anxiety, distress, stress, and post-traumatic stress disorder, in more severe cases.
- Financial losses: This is referred to as material damage and can include money stolen from your bank account or fraudulent purchases being made in your name. You should keep hold of bank statements and other financial documents as proof of these losses.
Solicitors can use the Judicial College Guidelines (JCG) to help them calculate the value of any mental harm as the document contains guideline award brackets for this type of injury. You can find some of these figures listed in the table below. Please only use them as a guide though because settlements will vary.
Award Bracket Guidelines
| Type of Harm | Severity | Notes | Award Bracket Guidelines |
|---|---|---|---|
| General Psychological Harm | (A) Severe | A very poor prognosis with marked issues affecting various aspects of the person's life. | £54,830 - £115,730 |
| (B) Moderately Severe | A better prognosis than the bracket above but significant issues still persist. | £19,070 - £54,830 | |
| (C) Moderate | Significant improvement and a good prognosis. | £5,860 - £19,070 | |
| (D) Less Severe | How long the person is affected and to what extent is considered when valuing the award given. | £1,540 - £5,860 | |
| Post-Traumatic Stress Disorder (PTSD) | (A) Severe | A permanent and negative impact on all areas of the person's life leaving them unable to function at the same level as before the trauma. | £59,860 -£100,670 |
| (B) Moderately Severe | A better prognosis than the bracket above and some recovery is possible due to help from a medical professional. However, a significant disability is still likely in the future. | £23,150 - £59,860 | |
| (C) Moderate | A significant recovery with any persisting issues not being majorly disabling. | £8,180 - £23,150 | |
| (D) Less Severe | Virtually a complete recovery made within a couple of years and only minor issues continuing over a longer period. | £3,950 - £8,180 |
Call an advisor to discuss data breach compensation payouts for successful claims in more detail. They could advise how much you could be owed if a letter was sent to an old address and this compromised your personal data causing you harm as a result.
Work With A Data Breach Solicitor On A No Win No Fee Basis
It is not a legal requirement to hire a solicitor to proceed with your case but it can be beneficial as they could offer services, such as help building your case and ensuring it is presented in full within the time limit for data breach claims.
At Data Breach Claims, our panel of solicitors offer a No Win No Fee contract called a Conditional Fee Agreement (CFA). Typically, the terms of this contract include:
- No payment to access the solicitor’s services when your claim begins.
- No fees for the continued work your solicitor does on your case.
- The completion of an unsuccessful claim will mean no fees are paid to your solicitor for their services.
- The completion of a successful claim will mean a percentage of your compensation is paid to your solicitor. This has a legal cap, however, and you will get a chance to discuss the fee prior to any work being started on your case.
If you would like to learn more about working with a No Win No Fee solicitor, please contact an advisor today. They can assess your eligibility to pursue a data breach claim after a letter was sent to an old address, and if you have valid grounds to proceed, they could connect you with a solicitor from our panel.
For more information, you can:
- Call our team 24 hours a day, 7 days a week on 020 8050 3051
- Contact us via our website
- Or try the support bubble below for instant help.
Read More About What Counts As A Data Breach
You can find more of our helpful guides below:
- Find out how compensation for a human error data breach is calculated.
- Read this guide for more examples of data breaches and when you could be eligible to claim.
- Learn if you could claim after a fax is sent to the wrong person.
Also, we have included some external resources that you may find beneficial:
- GOV.UK – Tips for staying safe online
- ICO – Get your data corrected
- National Cyber Security Centre – Guidance for families and individuals
We hope this guide on when you could claim after a letter was sent to an old address compromising your personal data has helped. However, if you have any other questions, please contact an advisor on the number above.
Writer Jeff Walker
Editor Meg Monsoon
