Examples Of Data Breaches In Schools

Last Updated 23rd September 2024. In this guide, we will explore examples of data breaches in schools. There are certain circumstances where you may be able to claim following a school data breach. However, in order to seek data breach compensation, you need to satisfy a set of eligibility criteria. We will explore these further in our guide as well as look at how long you have to start legal proceedings.

Additionally, this guide will discuss what personal data is, how it could be breached and the impact this could have. We will also discuss the compensation you could potentially be awarded should a breach of your personal data occur and the way this aims to address how you were affected.

Furthermore, you can find information on the different parties who have a responsibility to protect your personal data and the legislation that outlines their duties.

Finally, we will discuss the benefits of working with a No Win No Fee solicitor from our panel and the services they could offer to benefit both you and your claim.

If you have any other questions either after reading or as you move through our guide, you can speak with an advisor for free advice. To reach them, you can:

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Choose A Section

  1. What Is A School Data Breach?
  2. Can I Make A School Data Breach Claim?
  3. Examples Of Data Breaches In Schools
  4. How Is Compensation Calculated In A School Data Breach Claim?
  5. How Can I Prove A School Data Breach Compensation Claim?
  6. Make A No Win No Fee Data Breach Claim Using Our Panel Of Solicitors
  7. Learn More About Data Breach Claims

What Is A School Data Breach?

A school data breach is an incident in which private information relating to pupils or staff are exposed to those who have no right to access it.

There are a number of ways that a school data breach could occur. For example:

  • Your child’s school might share sensitive information about a medical condition they have with another parent. As a result, they suffer from distress and depression.
  • After paying for your child’s school trip, your bank details are not secured properly. Due to this, they are stolen, and you have money taken from your account.
  • The school emails personal data relating to pupils to all parents by accident.

Can I Make A School Data Breach Claim?

In order to make a personal data breach claim, you need to satisfy the following criteria:

  • There was a failure on the part of the data controller or data processor to adhere to data protection laws.
  • As a result of their wrongful conduct, personal data was compromised in a breach.
  • You experienced psychological harm, financial loss, or both as a result of the breach.

Data controllers, those who set the purpose for processing, and data processors, those who act on the controllers behalf, have a responsibility to protect your personal data. This is outlined under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR)

A failure to do so could result in a personal data breach. This involves a security incident in which the availability, integrity and confidentiality of your personal data is compromised.

If an organisation is found to have breached data protection laws, the Information Commissioner’s Office (ICO) can take enforcement action, including carrying out investigations and issuing fines. However, they cannot award compensation.

To learn whether you could be eligible to claim following a school data breach, get in touch on the number above.

Examples Of Data Breaches In Schools

Personal data is any information that can be used to identify someone as a living person. This can include their name, email address, phone number, postal address and date of birth. Additionally, there is special category data which is sensitive in nature. Due to this, it is given extra protection. This can include data concerning a person’s health.

There are various ways in which a personal data breach could occur in a school setting. For example, they could happen as a result of human error or as a result of a cyber security incident.

Below, we have provided examples of data breaches in schools:

  • A teacher may send an email containing sensitive personal information relating to a child to the wrong email address. As a result, the children’s personal data is compromised and they are caused anxiety and stress. Additionally, this could mean the child needs time off school leading to the parent taking time off work to care for them.
  • A child’s educational record may be accessed in a cyber security hack. As a result, both the child’s personal data and the parent’s is compromised. This causes both to be impacted either psychologically, financially or both.

To discuss your specific case, please get in touch with an advisor. They can offer a free case assessment to determine whether you’re eligible to begin a personal data breach claim. Additionally, if you are eligible, they may connect you with a solicitor from our panel who has experience handling claims similar to your own.

How Is Compensation Calculated In A School Data Breach Claim?

Within a data breach settlement, compensation can be awarded to address two different types of damage:

  • Material damage: This relates to the financial loss experienced due to a personal data breach. Both a child’s and parent’s personal data is often included in the child’s educational record. For example, a parent’s debit card or credit card details may be included when a payment has been made for school lunches or school trips. If this is breached, it could lead to the parent experiencing financial loss.
  • Non-material damage: This relates to the emotional harm caused by the personal data breach. For example, a child or parent could be caused stress, anxiety or distress.

In order to calculate the value of non-material damage, solicitors can refer to the Judicial College Guidelines to help them. This is a publication which contains guideline award brackets. We have included some of these in the table below, but you should only use them as a guide.

Type of Psychiatric HarmLevel Of SeverityNotesSeverity and Award Bracket
Psychiatric Harm(a) SevereThe person has a very poor prognosis and will experience significant problems with different areas of their life.£66,920 to £141,240
(b) Moderately Severe A more optimistic prognosis but the person will still experience significant problems across different areas of their life.£23,270 to £66,920
(c) ModerateA significant improvement will have been made and the prognosis will be good.£7,150 to £23,270
(d) Less SevereConsideration will be given to how long a person was affected and to what extent.£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD)(a) SeverePermanent issues affecting all aspects of the person's life will prevent them from functioning at the same level as before the trauma.£73,050 to £122,850
(b) Moderately SevereA better prognosis than the case above due to the person receiving help professionally. Despite this, a significant disability is still likely in the future.£28,250 to £73,050
(c) ModerateThe person will have largely recovered and if there are any persisting problems, they won't cause a major disability.£9,980 to £28,250
(d) Less Severe Overall, the person will have fully recovered within a couple of years. Minor symptoms may still be present after this point.£4,820 to £9,980

For more information on examples of data breaches in schools, the impact they could have and the compensation that could be awarded to address how you have been affected, get in touch on the number above.

How Can I Prove A School Data Breach Compensation Claim?

Supporting evidence is key in a school data breach claim. The evidence you provide will need to demonstrate what damage was caused by the exposure of your personal data, as well as showing that the data controller or processor was responsible for this.

Examples of evidence you could use to support a claim following a school data breach include:

  • Data controllers are required to inform all affected data subjects without delay if a data breach has put their rights and freedoms at risk. This can be done via email or a written letter.
  • You should also hold onto any correspondence regarding the data breach between yourself and the school.
  • A professional diagnosis of any mental impacts will also be very useful for not only proving non-material damage occurred but also helping solicitors calculate possible compensation figures. 
  • Receipts, payslips, bank statements and other financial documents that show you experienced material damage.
  • Any findings from the ICO investigation.

As a data subject, it is your right to express concerns, or even a formal complaint to the data controller at any time if you’re unhappy with how your data is being handled. If you get no meaningful response or are dissatisfied with the response you receive, then you can escalate your complaint to the ICO, who can then look into the matter, if they aren’t already.

While the ICO does not have the authority to award compensation, they can issue penalties to data controllers, such as reprimands and substantial fines if they find violations of the UK GDPR have occurred.

Any findings from this investigation can be used as part of your evidence. To find out more about claiming data breach compensation and the evidence you can gather, contact our advisors today.

Make A No Win No Fee Data Breach Claim Using Our Panel Of Solicitors

You may find it beneficial to work with a data breach solicitor from our panel. They offer the following services:

  • Assistance with gathering evidence to support your case
  • Help building your case and ensuring it is presented in full within the relevant time limit

Additionally, they can calculate your settlement and guide you through the different stages of the claims process to help you seek compensation.

Furthermore, they can provide these services on a No Win No Fee basis by offering you a Conditional Fee Agreement. This is a contract between you and your solicitor which typically means:

  • There is no requirement to pay any upfront or ongoing fees for your solicitor’s services.
  • You don’t need to pay for the time spent on your claim and the work completed by your solicitor if it is unsuccessful.

If your claim has a successful outcome, there is a requirement to pay a success fee from your compensation.  This is subject to a legislative cap, however, meaning that you can keep the majority of your compensation.

To learn whether you could work with a No Win No Fee solicitor from our panel, you can get in touch with an advisor from our team. They can assess whether you have valid grounds to pursue compensation and may set you up with a solicitor if you do.

Additionally, they can answer any questions you might have after reading our guide on examples of data breaches in schools and when you could be eligible to claim.

For more information, you can:

Learn More About Data Breach Claims

For more of our helpful data breach guides:

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Thank you for reading this guide on examples of data breaches in schools. If you have any other questions, please don’t hesitate to get in touch via the contact details provided above.