By Cat Wayne. Last Updated 6th August 2024. Have you suffered harm due to a personal data breach by a solicitor? A personal data breach can cause harm to your psychological health and your financial wellness.
In this article, we will explain what a solicitor data breach is, including examples of how it can happen. We will explain the steps you should follow if you have suffered a personal data breach, and how much compensation you may be eligible to receive if your claim is valid.
Finally, we will address key information regarding No Win No Fee solicitors and how they could help you with your claim.
The details you share with solicitors are often personal. If that information is compromised in a data breach, it could have a major impact on your life. If you subsequently suffer emotional distress or financial damage, you could be entitled to compensation.
Contact a member of our team to find out more. You can do so by:
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Choose A Section
- What is a Data Breach by a Solicitor?
- Data Breach Examples
- What Should I Do After a Data Breach by a Solicitor?
- What Compensation Could I Receive from a Personal Data Breach?
- No Win No Fee Solicitors – What are the Benefits?
- More Information about Claiming for a Data Breach by a Solicitor?
What is a Data Breach by a Solicitor?
You may be wondering, “what is a data breach by a solicitor?” As stated by the Information Commissioner’s Office (ICO), when the availability, integrity, or confidentiality of your personal data is affected by a security incident, this is a personal data breach. If information can identify you, this is classed as personal data. This can range from your name to your medical records.
There are two main articles of legislation responsible for governing the processing of personal data for UK residents; the UK General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018 (DPA).
The pair outlines rules that should be followed by data controllers or processors when handling and using data. A data controller determines the reasoning behind why and how your data is collected, whereas a data processor then processes data on the controller’s behalf.
For your claim to be valid, the breach has to be caused by the data processor or controller’s failings. For example, if a solicitor, acting as a controller, fails to safely store a client’s physical records allowing someone who is unauthorized to access their information, this could be a personal data breach. The breach must also cause you to experience harm.
Our advisors could offer you a free consultation of your case with no obligation to claim with us going forward. Get in touch to find out more.
Data Breach Examples
A data breach by a solicitor can come in many forms. For example, a breach could occur as a result of cybercrime, such as hacking or phishing scams. Or, another way a personal data breach can occur is through human error.
Here are some examples of how a personal data breach can happen:
- Your personal data is sent to the incorrect person through email or post, despite your solicitor having your correct details on file.
- Your solicitor stores records and files containing your personal data in an insecure location, and does not have adequate physical security measures in place, leading to theft
- Your solicitor fails to employ adequate cybersecurity policies. This allows cybercriminals to access insecure networks and steal your personal data.
Both physical and digital forms of data are covered by UK GDPR and the DPA.
To find out if you have an eligible personal data breach claim, contact a member of our team who can offer free legal advice.
What Should I Do After a Data Breach by a Solicitor?
It can be hard to know what to do after a data breach by a solicitor, but there are a few steps you can take. These include:
- Reporting the data breach, whether this be to the ICO, the SRA, or the firm the solicitor works for.
- Collecting evidence, which can include a letter of notification or medical records that illustrate how the breach has affected you mentally.
- Changing any relevant passwords and staying alert to any suspicious activity within your bank accounts.
- Seeking legal advice from an expert data breach solicitor.
While you aren’t obligated to seek advice from a solicitor, we always recommend doing so. Our panel of specialist solicitors are experts in their field and are ready to help you through the data breach claims process. To find out if one of the data breach solicitors from our panel could help you, contact us today.
What Compensation Could I Receive from a Personal Data Breach?
You may be wondering what kind of data breach compensation you could receive should your claim be successful. The two heads of claim you can pursue under a personal data breach claim are material and non-material damage.
Non-material damage is the head of claim that addresses psychological damage the breach causes. For example, following a personal data breach, you might experience anxiety, depression, or distress.
To give you an idea of what you might receive for non-material damage, we have put together a table of compensation amounts in relation to psychological injuries using the Judicial College Guidelines (JCG).
This document helps solicitors to value claims by providing guideline compensation amounts. However, these are not guarantees of what you could receive.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Psychological Harm And Special Damages | Severe | Up to £250,000+ | A combination of severe psychological harm and financial losses, like lost earnings. |
| Psychological Damage | Severe | £66,920 to £141,240 | The inability to cope with life daily activities results in a poor prognosis. |
| Psychological Damage | Moderately Severe | £23,270 to £66,920 | Severe problems coping with life, education or work with potential for future vulnerability, but with a slightly better prognosis than above. |
| Psychological Damage | Moderate | £7,150 to £23,270 | Despite having some problems coping with life, education or work with the potential of future vulnerability, there has been marked improvement by trial and the prognosis will be good. |
| Psychological Damage | Less Severe | £1,880 to £7,150 | Compensation will be determined by the time period of disability and the extent to which daily activities and sleep were impacted. |
| Anxiety disorder | Severe | £73,050 to £122,850 | Permanent and severe effects prevent any employability or function at the pre-trauma level. |
| Anxiety disorder | Moderately Severe | £28,250 to £73,050 | A better prognosis will be achieved due to some recovery with professional help. |
| Anxiety disorder | Moderate | £9,980 to £28,250 | Claimant is mostly recovered, with only non-disabling effects remaining. |
| Anxiety disorder | Less Severe | £4,820 to £9,980 | A near full recovery has been made within 1-2 years. |
What Else Could I Claim For After A Data Breach by a Solicitor?
If you have experienced a personal data breach by a solicitor, you could also claim under material damage. This accounts for any financial damages that occur as a result of the breach.
For example, if your bank or passport details are affected, this could lead to criminals stealing money from your account or committing identity theft. Or, if you suffer psychological damage, you may lose earnings if you need to take time off work to recover.
If you have suffered from any of the above or would like to find out more about data breaches by solicitors, please speak to a member of our team.
No Win No Fee Solicitors – What are the Benefits?
There are many benefits to using a No Win No Fee solicitor to assist in making your claim. Our panel offers legal representation through a Conditional Fee Agreement (CFA). Under this agreement, your solicitor does not take an upfront fee, nor do they take ongoing fees.
If you make a successful claim funded by a CFA, your solicitor takes a success fee. This is a percentage with a legal cap to help ensure you get the majority of your compensation. However, if your claim does not succeed, you do not pay this fee.
To learn more about how a solicitor from our panel could help you claim compensation for a data breach, our advisors can help.
You Can Contact us for Free to See If You Can Claim
If you have any other queries, please feel free to speak to a member of our team. Furthermore, to find out whether you are eligible to be legally represented on a No Win No Fee basis, get in touch with us today by:
- Calling us on the number at the top of the screen
- Using the live chat feature at the bottom of the screen
- Or, contact us online
More Information about Claiming for a Data Breach by a Solicitor
Here we have included some additional resources that you might find useful when considering making a data breach claim:
- ICO – Make a complaint
- GOV – Cyber Security Breaches Survey 2022
- NHS – Post-traumatic stress disorder.
We have also provided some of our own guides that might help you:
- HR Department Data Breach Claims
- Pharmacy Data Breach Claims
- Social Services Data Breach Compensation
If you have suffered harm as a result of a data breach by a solicitor, contact our advisors today.