Breaches of children’s personal data can cause serious psychological harm. You may also suffer financial losses if your child was subjected to a data protection breach. In this guide, we will explore what constitutes a personal data breach and what legislation is in place to protect your child’s personal information.
Breaches of children’s personal data claims guide
Additionally, we will discuss how much compensation you may be eligible for, using guideline figures similar to a data breach compensation calculator. You can also read about how to report a data protection breach and start the claims process.
Our panel of personal injury solicitors could support you in making your personal data breach claim. To learn more about breaches of children’s personal data claims, keep reading. You can also contact our advisors for more support by:
- Using the live chat feature
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Choose A Section
- Claiming For Breaches of Children’s Personal Data – A Guide
- Who Is Eligible To Claim For Breaches of Children’s Personal Data?
- What Can I Do After A Data Breach?
- What Compensation Could I Receive When Making A Data Protection Breach Claim?
- Can I Claim On A No Win No Fee Basis?
- Breaches of Children’s Personal Data – Learn More About Claiming
Claiming For Breaches of Children’s Personal Data – A Guide
All organisations that handle the personal data of UK residents must follow the regulations and steps outlined in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
If positive wrongful conduct occurs from the data controller (the organisation that decides how to use your child’s data) or the data processor (the organisation that processes the data on behalf of the data controller), your child may suffer harm as a result. If you can provide evidence of what happened, you may have grounds to seek data breach compensation.
A personal data breach is identified as a security incident that affects the integrity, confidentiality or availability of your personal data. This refers to any information that could be used to identify you. For example:
- Full name
- Date of birth
- Address
- Passport details
Find out if you could be eligible to claim for breaches of your children’s personal data by getting in touch with our team of advisors.
Who Is Eligible To Claim For Breaches of Children’s Personal Data?
Instances of breaches of children’s personal data can occur in multiple settings. Examples could be:
- A school administrator posts a letter containing personal information to the wrong postal address. If this address belongs to the abusive parent of the child, it can lead to serious harm and distress.
- Social services do not properly dispose of files that contain personal data. This allows unauthorised parties to access them.
- A doctor discusses personal data from your child’s medical records with an unauthorised party over the phone without conducting the appropriate security checks.
- A nursery mistakenly uses the CC feature in an email that contains your child’s personal data, sending it to multiple recipients instead of just one.
Incidents of both accidental and unlawful data breaches are covered by data protection law. This allows you to seek compensation as long as you provide evidence of damage sustained.
For more information about claiming a personal data breach, contact our advisors using the banner above.
What Can I Do After A Data Breach?
If a breach could affect your rights or freedoms, the organisation should reach out to you or your child, informing you about the breach and subsequent risk to your child’s safety. Also, they must report to the Information Commissioner’s Office (ICO) within 72 hours. This independent UK body enforces data protection laws and can hold organisations responsible for breaching data protection laws by imposing fines.
If you discover the breach of your own accord, you should inform the organisation and enquire about how the breach occurred. If their response is unsatisfactory, or if they do not respond at all, you can make a complaint to the ICO, who may then choose to investigate. However, this must be done within three months of your last meaningful contact with the organisation.
Correspondence with the ICO or organisation can be used as evidence for your claim. To learn more about starting the claims process and collecting evidence, contact our advisors today. Or, read on to see figures for calculating compensation for breaches of children’s personal data claims.
What Compensation Could I Receive When Making A Data Protection Breach Claim?
When making a personal data breach claim, you can seek compensation through non-material damage. This addresses any psychological injuries sustained as a result of the personal data breach. Any psychological injury diagnosed by a medical professional can be included, such as post-traumatic stress disorder (PTSD), anxiety and depression.
Below, you can see a table containing figures from the Judicial College Guidelines (JCG). Legal professionals use the JCG to value data breach claims, as it provides a range of guideline compensation amounts.
| Psychological Injury | Severity | Compensation Amount | Notes |
|---|---|---|---|
| Psychiatric Damage (a) | Severe | £54,830 - £115,730 | The prognosis is very poor, with injuries negatively affecting all areas of life. |
| Psychiatric Damage (b) | Moderately Severe | £19,070 - £54,830 | Significant symptoms arise with the injured person's relationships and the ability to manage life as a whole, though the prognosis is better than the case above. |
| Psychiatric Damage (c) | Moderate | £5,860 - £19,070 | A good prognosis is available due to the improvement of symptoms by the time of trial. |
| Psychiatric Damage (d) | Less Severe | £1,540 - £5,860 | Consideration is given to how long symptoms last and how they affect daily life. |
| PTSD (a) | Severe | £59,860 - £100,670 | All areas of life are negatively affected, preventing the injured person from working and functioning as they did before the trauma. |
| PTSD (b) | Moderately Severe | £23,150 - £59,860 | There is some chance of recovery with professional treatment. |
| PTSD (c) | Moderate | £8,180 - £23,150 | Most injuries can be recovered from, with some residual, non-disabling effects continuing. |
| PTSD (d) | Less Severe | £3,950 - £8,180 | Only minor issues will persist following a two-year recovery period. |
Other Damages You Could Claim After A Data Breach
You can also seek compensation for financial losses through material damage. This can include money that has been criminally withdrawn from your bank account and negative effects on your credit score if your bank details have been compromised. In order to receive compensation for financial losses, you must provide evidence, including bank statements and receipts.
If you’re unsure if you’re eligible to claim material damage, reach out to our advisors for more support.
Can I Claim On A No Win No Fee Basis?
You may be considering working with a No Win No Fee solicitor to seek a settlement. Our panel of solicitors offer representation through Conditional Fee Agreements (CFA). Generally, a CFA provides legal support with no upfront or ongoing costs. Additionally, there are no solicitor fees to pay if you’re unsuccessful in gaining compensation.
In the event of a successful claim, your data breach solicitor will require a legally capped success fee. This is taken from your compensation. If your claim does not go on to succeed, then you don’t pay this fee.
Our advisors can connect you with a solicitor from our panel if you have a valid claim. To learn more, contact us today.
Contact Us Today For Free Legal Advice
Our advisors are available 24/7 to help and guidance regarding the claims process. If you have a valid claim, they may put you in touch with a solicitor from our panel. If you still have questions about breaches of children’s personal data that this guide didn’t answer, or if you’re interested in starting the claims process, use the details below to get in touch.
- Call on 020 8050 3051
- Message an advisor through the live chat
- Contact us online
Breaches of Children’s Personal Data – Learn More About Claiming
For more informative resources:
- GOV.UK – Make a complaint
- NCSC – Data breach guidance
- NHS – Coping with stress
See more of our guides below:
- Can I claim for a data breach on social media?
- How to claim compensation for a data breach
- Hospital data breach claims
Thank you for reading our breaches of children’s personal data guide. For further support and guidance, contact our advisors today.
Writer Jess Allen
Publisher Cat Harley