This guide explores when you could claim for a breach of criminal records data. If you can show that your personal data was compromised in a breach due to the failings of a data controller or processor, you could make a personal data breach claim for the financial and/or psychological damage caused. We explore the eligibility criteria that need to be met in more detail throughout our guide.
Can You Claim Compensation For A Breach Of Criminal Records Data?
A data controller sets the means and purpose for processing your personal data. They may process the data themselves or outsource the task to a data processor who acts on the controller’s instruction. Both parties have a responsibility with regard to the processing of your personal data as per the the Data Protection Act 2018 (DPA) in conjunction with the UK General Data Protection Regulation (UK GDPR). These two laws lay out the ways controllers and processors need to protect personal data.
We also provide examples of how a breach of data protection laws could lead to your criminal records data being compromised and the impact it could have. In addition, we look at the compensation that could be awarded to address the damage caused and the evidence you can use to support your data breach claim.
We conclude with an explanation of how a No Win No Fee solicitor from our panel could help you get started with your case.
For more information, please contact an advisor. They can offer free advice and answer any questions you may have regarding your potential data breach compensation claim. To reach them, you can:
- Call using the number at the top of the page.
- Contact us through our website.
- Or write to us via the live chat window below.
Jump To A Section
- Can You Claim Compensation For A Breach Of Criminal Records Data?
- Examples Of Breaching Criminal Offence Data
- Evidence That Could Help You Claim For A Breach Of Criminal Records Data
- How Much Compensation Could You Receive After A Breach Of Criminal Conviction Data?
- Why Use A No Win No Fee Solicitor When Claiming For A Breach In Criminal Records Data?
- Read More About Claiming Data Breach Compensation
Can You Claim Compensation For A Breach Of Criminal Records Data?
In order to be eligible to make a personal data breach claim following a breach of criminal records data, you need to show the following occurred:
- There were failings by the controller or processor to abide by the UK GDPR and DPA 2018.
- Due to their failings, your personal data was affected in a breach.
- Because of the breach, you experienced financial or emotional damage, or both together.
A personal data breach can be defined as a security issue where the availability, confidentiality or integrity of your personal data suffers an impact. This is the definition given by the Information Commissioner’s Office (ICO) which is a body set up to uphold the rights and freedoms of data subjects.
Personal data is any information that can be used to identify you. It can include, for example, your name, address and phone number as well as your credit or debit card details. Additionally, there are other categories of personal data requiring extra protection. Firstly, special category data is more sensitive in nature and is given more protection under Article 9 of the UK GDPR. This can include data concerning your health as well as data revealing your racial or ethnic origin.
Secondly, criminal offence data has more protection as per Article 10 of the UK GDPR. This can include personal data that relates to criminal convictions, offences or other relevant security measures. It can cover a wide range of information about offenders or suspected offenders, including criminal activity, allegations, investigations and proceedings.
If you have evidence of a breach of criminal records data, please call our team to discuss the next steps you could potentially take.
Examples Of Breaching Criminal Offence Data
There are several ways a breach of criminal records data could occur. For example:
- A failure to keep physical documents stored securely leading to them being lost or stolen.
- An email data breach containing information relating to criminal offence data being sent to the wrong person via human error.
- Taking work laptops or a memory stick containing criminal offence data home and losing them.
- Incorrectly disposing of paperwork or digital files allowing unauthorised parties access.
- Poor cyber security systems leading to a ransomware attack in which criminal records are stolen.
A breach of this data could have several effects, including causing distress, anxiety or stress to the data subject due to the nature of the information that has been compromised. It could also lead to financial losses, such as if an employer gained access and dismissed the employee or the person needed to take time off work to deal with the mental harm the stress has caused.
If you are eligible, you could seek compensation to address the financial and/or emotional damage you have experienced. To discuss your specific case, please call an advisor on the number above.
Evidence That Could Help You Claim For A Breach Of Criminal Records Data
There are several pieces of evidence you could collect to support a claim following a breach of criminal records data. For example:
- Correspondence with the organisation. This could include emails or letters sent which detail how the breach occurred and what information was affected.
- Medical reports showing the psychological harm you experienced.
- Wage slips and bank statements showing the financial losses you experienced.
Following a breach, you could make a complaint to the ICO. They could investigate the issue and any of their findings could be used to support your case.
A solicitor from our panel could assist you in building your case, provided it’s valid. They have experience handling criminal offence data breach claims and could assist you in collecting evidence to support your case.
To find out more about their services, please contact an advisor on the number above. An advisor may connect you with a solicitor if they find you have an eligible case. They can also advise further on what to do if your data is breached.
How Much Compensation Could You Receive After A Breach Of Criminal Conviction Data?
If your personal data breach claim wins, you could receive compensation for:
- Material damage which is the monetary losses and expenses caused by the data breach.
- Non-material damage which is the psychological impact of a breach and can include general stress, distress, anxiety, depression and even post-traumatic stress disorder (PTSD) in severe cases.
To work out the value of non-material damage, legal professionals can consult a document that lists guideline award brackets for mental injuries, called the Judicial College Guidelines (JCG). You can find an excerpt below but please only use the included figures as a guide.
| Harm Type | Severity Level | Notes | Bracket Guidelines |
|---|---|---|---|
| General Psychological Harm | Severe (a) | Marked problems across multiple aspects of the person's life such as work and education leaving a very poor prognosis. | £54,830 to £115,730 |
| Moderately Severe (b) | Significant issues affecting similar areas of life to the bracket above but the person has a better prognosis. | £19,070 to £54,830 | |
| Moderate (c) | A significant improvement and good prognosis. | £5,860 to £19,070 | |
| Less Severe (d) | Awards depend on the length of disability and how badly it affected the person. | £1,540 to £5,860 | |
| Post-Traumatic Stress Disorder (PTSD) | Severe (a) | Permanent and negative impact on all aspects of life. | £59,860 to £100,670 |
| Moderately Severe (b) | A better prognosis due to recovery with help from a professional. | £23,150 to £59,860 | |
| Moderate (c) | A significant recovery and any ongoing issues aren't majorly disabling. | £8,180 to £23,150 | |
| Less Severe (d) | Within 2 years almost a complete recovery. Only minor symptoms remaining. | £3,950 to £8,180 |
Speak to our team on the number above for more guidance on calculating your data breach compensation.
Why Use A No Win No Fee Solicitor When Claiming For A Breach In Criminal Records Data?
The solicitors on our panel offer their services under a type of No Win No arrangement called a Conditional Fee Agreement (CFA). This typically means you won’t need to pay your solicitor to access their services and start your claim, for the work they provide as your cases continues, or for their services if the claim fails. A small and legally capped percentage is taken from your compensation as a success fee for the solicitor if the claim wins.
If you would like to find out whether you’re eligible to have a data breach solicitor from our panel represent your case on this basis, please get in touch with an advisor. They can also offer further guidance on claims following a breach of criminal records data.
For more information, you can:
- Call using the number at the top of the page.
- Contact us through our website.
- Or write to us via the live chat window below.
Read More About Claiming Data Breach Compensation
For more helpful guides:
- Find out how to claim compensation for a data breach and the settlement you could potentially be awarded.
- Learn if you could make a claim following a trade union membership data breach.
- Read our guide to see if you could claim for a breach on social media.
For more helpful external resources:
- ICO – How to be more data aware
- ICO – How to access information from a public authority
- National Cyber Security Centre – Information for individuals and families
Thank you for reading this guide on when it could be possible to claim after a breach of criminal records data. If you have any other questions, please contact an advisor on the number above.
Writer Jeff Walker
Editor Meg Monsoon
