This is our guide discussing the question ‘Can I claim if social services sent data to my ex-partner?. We will explain data protection laws that set out the responsibilities of certain parties to protect your personal data and how failures to abide by these obligations can result in a breach of your personal data.
Can I Claim If Social Services Sent Data To My Ex-Partner?
In this guide, you will see some hypothetical scenarios of how data could be sent to an ex-partner and what harm could be experienced by those affected. We have also included guidance on how data breach compensation following a successful data breach claim is calculated.
The penultimate section of this guide contains a breakdown of the advantages to you of starting your data breach claim with our panel of specialist solicitors under the specific type of No Win No Fee contract they can offer.
If you have any questions about data breach claims or would like a free no-obligation assessment of your particular circumstances, speak to our advisors. Get in touch using the contact details listed here:
- Call our team on 020 8050 3051.
- Click the live chat button on this webpage.
- Complete our “Contact Us” form here.
Browse Our Guide
- Can I Make A Claim If Social Services Sent Data To My Ex-Partner?
- How Could Data Be Sent To An Ex-Partner?
- Calculating Compensation For A Data Breach Claim
- What Evidence Could Help Me Claim If Social Services Sent Data To My Ex-Partner?
- Claim For A Breach Of Personal Data On A No Win No Fee Basis
- Learn More About Data Breach Claims
Can I Make A Claim If Social Services Sent Data To My Ex-Partner?
A personal data breach is defined as a security incident that impacts the availability, confidentiality or integrity of personal data. This definition from the Information Commissioner’s Office (ICO), the public body set up to govern data protection in the UK, applies to both intentional (deliberate action) and unintentional (human error) data breaches.
There are 3 relevant parties that require consideration when discussing data breach claims. These are:
- Data controller: This is often an organisation that decides when, how and why your personal data will be held, stored and processed.
- Data processor: An external party that the data controller has contracted to process data. Data controllers may choose to process data themselves instead of using an independent processor.
- Data subject: The individual to whom the personal data relates.
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, data processors and controllers have obligations to protect personal data. Failures to uphold these can lead to data breaches where your personal data may be affected.
In order to start a data breach claim, the eligibility criteria listed here need to be met:
- The data controller or processor failed to abide by data protection legislation.
- Due to these failures, a data breach occurred where your personal data was affected.
- You experienced financial damage, psychological harm or both because of this breach.
You can talk with our advisors regarding when it could be possible to claim if social services sent data to an ex-partner via the contact details given above.
How Could Data Be Sent To An Ex-Partner?
When we say “personal data” we are referring to information that can be used to identify you directly or indirectly. Examples can include your name, credit card information and contact information such as email address, phone number, and postal address. The UK GDPR also makes provision for special category data, data that is of a sensitive nature and therefore necessitates a greater level of protection. Data concerning membership of trade unions, health, political affiliations and race and ethnic origin are regarded as special category data.
One of the responsibilities of social services is to rehome families who are vulnerable to violence or abuse. If social services sent data to your ex-partner, this could present a risk, to both you and any children, of that partner coming back into your lives. For this reason, a social services data breach can be of considerable severity.
Here you will find some example scenarios of how data could be sent to an ex-partner:
- A letter containing personal data, including your new address, was sent to your old address, where your ex-partner still resides. As a result, you are caused substantial stress and anxiety and have to relocate.
- A social worker fails to read your notes correctly and divulges personal information to your ex-partner during a phone call that they had no right to know. This means they are able to contact you which causes you distress and you require time off work to deal with the emotional impact of the breach.
If you don’t see your particular circumstances listed here, do not worry. This list is non-exhaustive. Speak to our advisors to discuss your circumstances in further detail.
Calculating Compensation For A Data Breach Claim
There are two types of damage that data breach compensation can be awarded for. These are:
- Material damage – Your financial losses stemming from a breach of your personal data.
- Non-material damage – The psychiatric harm caused by the data breach. This can include general stress and anxiety, or in more extreme cases, post-traumatic stress disorder (PTSD).
A value can be assigned to non-material damage using the Judicial College Guidelines (JCG). The JCG is a publication from the Judicial College that lists the guideline award brackets for various types of harm. Some of these brackets have been detailed in the below table.
Compensation Table
We would like to emphasise that this table has been included to act as guidance only. Since data breach compensation is calculated on the individual facts of each case, we cannot make guarantees regarding compensation awards.
| Harm | Severity | Notes | Award Bracket (Guideline) |
|---|---|---|---|
| Psychiatric Damage | Severe (a) | Prognosis will be very poor. Marked impact on several aspects of life, such as work and education. | £54,830 to £115,730 |
| Moderately Severe (b) | Although the prognosis will be better than in (a), there will still be significant problems affecting multiple aspects of life. | £19,070 to £54,830 | |
| Moderate (c) | While there will be problems relating to employment, education and relationships, the injured person will have experienced significant improvement and will have a good prognosis. | £5,860 to £19,070 | |
| Less Severe (d) | Any award in this bracket will be influenced by the impact on daily activity, sleep and the length of time the injured person is disabled. | £1,540 to £5,860 | |
| PTSD | Severe (a) | Permanent and significant effects on all aspects of life, preventing the person from working or functioning at a pre-trauma level. | £59,860 to 100,670 |
| Moderately Severe (b) | Significant disability for the foreseeable future, though some recovery through professional help will have taken place and the person will have a better prognosis. | £23,150 to £59,860 | |
| Moderate (c) | The injured person will not be experiencing any severe disablement from continuing issues and will have largely recovered. | £8,180 to £23,150 | |
| Less Severe (d) | Virtual recovery within two years. Minor symptoms may persist over longer periods. | £3,950 to £8,180 |
For a more detailed estimate of how much compensation you could receive following a successful data breach claim, contact our dedicated team of advisors today.
What Evidence Could Help Me Claim If Social Services Sent Data To My Ex-Partner?
To support your personal data breach claim after data was sent to your ex-partner, evidence will be necessary. We have included a list of possible evidence you could collect here:
- Financial records, such as bank or credit card statements, showing unauthorised activity in your accounts.
- Medical evidence of any psychiatric injury caused by the data breach.
- Written correspondence from the organisation detailing that a breach occurred and what personal data was affected.
A data controller should inform data subjects as soon as possible if a data breach has affected the rights and freedoms of those subjects. There is also a requirement for the controller to notify the ICO within 72 hours if the breach meets the threshold for reporting. While the ICO does not award compensation, it can open an investigation into the data breach. The findings from this investigation can be included as part of your supporting evidence.
You also have the right to express concern regarding the handling of your data. You can subsequently file a report with the ICO yourself if you are dissatisfied with response to your concerns by the organisation. We would like to emphasise that complaining to the ICO is not a legal requirement to starting a data breach claim.
You could benefit from working with a solicitor from our panel to collect supporting evidence for your claim. Contact our advisors today for a cost-free consultation on your eligibility to claim. Our team could connect you with a data breach expert from our panel of specialist solicitors if they decide you have a valid claim.
Claim For A Breach Of Personal Data On A No Win No Fee Basis
When you get in touch with our team, they can provide a no-obligation case check. After assessing your potential claim, they could connect you with a specialist data breach solicitor from our panel. Our panel can offer their services under a Conditional Fee Agreement (CFA), a specific type of No Win No Fee Contract.
By starting your potential claim under a CFA, you will enjoy some key benefits. First of all, there will be no fees upfront for the solicitor to begin working on your case in most cases. You will also not be liable for ongoing fees for the solicitor’s services during the claim. Lastly, if your claim is unsuccessful, you will not be met with a fee for the solicitor’s work.
A compensation settlement will be paid following a successful data breach claim. A legally capped percentage amount of your compensation will be deducted by the solicitor if the case succeeds. This is called a success fee.
For further advice on what steps you could potentially take if social services sent data to your ex-partner, talk to our advisors. Get in touch using the contact details listed here:
- Call our team on 020 8050 3051.
- Click the live chat button on this webpage.
- Complete our “Contact Us” form here.
Learn More About Data Breach Claims
For more of our data breach guides:
- Read our guide on how to claim compensation for a data breach.
- Learn when you could claim GDPR compensation for distress.
- Find out more about reporting a UK GDPR data breach.
- You can also view our guide on how to make a compensation claim if affected by a non-molestation order data breach.
For further resources that may be of use:
- The NHS has published guidance on stress that you may find helpful.
- The government has prepared this resource on finding out what data an organisation has about you.
- Guidance on how to make a complaint to the ICO.
Thank you for reading our guide discussing the question ‘Can I claim if social services sent data to my ex-partner?’. Talk to our advisors today for further guidance, or for an assessment of your specific circumstances. You can reach our team using any of the contact details given above.
