In this guide, we discuss how to claim for a non-molestation order data breach. If you have been the victim of domestic abuse, you can apply for an injunction which is a court order. One particular type of court order is called a non-molestation order which, whilst not a restraining order, protects victims from being harmed or threatened by the person who has been abusive. If the personal data used during the application process of this order is breached, it could have significant effects on the person applying, both financial and/or psychological.
As we continue through our guide, we look at the parties with a responsibility for protecting your personal data and the legislation they must adhere to. We also provide examples of how a breach of a non-molestation order could occur and when you could potentially claim for the impact this has.
Furthermore, we look at how data breach compensation is calculated in successful claims and the evidence you could provide to support your case.
Lastly, our guide explains the benefits of working with a solicitor from our panel under a type of No Win No Fee agreement.
If you have another other questions about data breach claims you can get in touch with our team for free using the contact details below:
- Call on 020 8050 3051
- Contact us on our website.
- Ask about your potential claim through the live chat feature.
Select A Section
- How To Claim For A Non-Molestation Order Data Breach
- How Could A Non-Molestation Order Data Breach Happen?
- What Could You Do After A Data Breach Of A Non-Molestation Order?
- Calculating Compensation For A Data Breach Claim
- How To Claim For A Non-Molestation Order Data Breach Using A No Win No Fee Solicitor
- Read More About How To Claim Compensation For A Data Breach
How To Claim For A Non-Molestation Order Data Breach
The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are two pieces of data protection legislation that outline the responsibilities of data controllers and data processors to protect your personal data. Personal data is any information that can be used to identify you.
Data controllers decide how and why personal data is processed and may also process the data themselves. Alternatively, the controller may outsource this task to an external party called a data processor who acts on their behalf.
Both parties must comply with data protection legislation. If either of them fails to do so, this is known as wrongful conduct which could lead to a breach of your personal data.
The Information Commissioner’s Office (ICO) is an independent body set up to protect the rights and freedoms of data subjects in the UK. They define a personal data breach as a security incident affecting the confidentiality, integrity, and availability of your personal data is affected.
You might be able to claim for a non-molestation order data breach if you can prove the following:
- A data controller or processor failed to comply with the DPA or UK GDPR.
- This wrongful conduct resulted in a breach of your personal data.
- Following breach of your personal data, you suffered mental harm and/or monetary loss.
Get in touch with the team on the number above. They can assess the validity of your non-molestation order data breach claim and may connect you with a solicitor from our panel to help you seek compensation.
How Could A Non-Molestation Order Data Breach Happen?
As mentioned, personal data is information that can be used to identify you, such as your name, email or home address. More sensitive information is known as special category data due to it needing extra protection. Examples of this include data revealing your racial and ethnic origin or data concerning your health, sex life and sexual orientation.
When you apply for a non-molestation order, you will be asked to create an online account, explain what happened to you, and include the name and address of the perpetrator. If any of this information is breached, it could have a serious consequences for family members. For example:
- An email data breach could lead to the details of a non-molestation order application following domestic abuse being shared with the wrong person, such as if the wrong email address is used.
- Human error by a staff member could reveal your details to your abuser in a letter sent to the wrong address. This could leave you at risk of an abuser’s behaviour.
- Poor data security could allow an external hack to expose your personal details in a way that causes you harm. If an ex spouse gained access to this data, it could have severe impacts and result in a further offence taking place against a family member.
To learn when you can claim for a non-molestation order data breach, speak to our advisors. They can assess the strength of your claim to help you understand whether you could claim compensation.
What Could You Do After A Data Breach Of A Non-Molestation Order?
Not every personal data breach will form the basis of a valid data breach compensation claim. Therefore, it is important to assemble all evidence to prove that the breach of your personal data occurred due to wrongful conduct and this led to financial damage and/or mental harm. Examples of the steps you could take to gather evidence include:
- The data controller needs to tell you about a breach that impacts your rights and freedoms without undue delay. They can do so by sending a notification letter which you could keep a record of as evidence to substantiate your claim.
- If you discover the data breach yourself, you can contact the organisation concerned directly and request an explanation. Any correspondence you have with them, such as emails or letters, can help prove your case.
- If the organisation hasn’t responded or has given an inadequate response, you could contact the ICO. The ICO might choose to investigate and any findings on their part are useful supporting evidence in your claim.
- Obtain copies of your medical records which detail any psychological injury caused.
- Provide relevant financial documents which prove the financial impacts of the breach. This could be wage slips showing a drop in earnings because of time off work with stress.
Our panel of solicitors are experts at guiding claimants through the collection of evidence as well as other stages of the data breach compensation claims process.
If you contact our advisors to assess your claim, they can tell you more about how to claim for a non-molestation order data breach.
Calculating Compensation For A Data Breach Claim
Settlements awarded in a successful data breach claim can compensate for two types of damage. Firstly, non-material damage refers to the psychological impact of the data breach on you. This can include stress, anxiety, distress and post-traumatic stress disorder (PTSD), in more severe cases. It could also include the exacerbation of a pre-existing mental disorder.
When valuing this type of damage, reference can be made to the guideline compensation brackets that are listed in a publication called the Judicial College Guidelines (JCG). The brackets correspond to different types of psychiatric harm, including PTSD.
Award Bracket Guidelines
Figures from the JCG have been used to create the table below. Please use these as a guide only as all the circumstances of each specific case are different. In some cases, very serious harm may have been caused so the payout might be higher. However, in others, the affected person may have suffered little or no harm meaning the payout is lower. Also, note that the first entry is not from the JCG.
| Type of Psychological Injury | Severity | Award Bracket Guideline | Definitions |
|---|---|---|---|
| Severe Mental Health Impact With Substantial Financial Loss | Severe | Up to £250,000+ | Compensation for the severe impact on the person's mental health with significant financial losses caused by the data breach, such as loss of income. |
| General Psychiatric Damage | Severe | £54,830 to £115,730 | A very poor prognosis and the person has marked problems in all aspects of their life, including relationships and work. |
| Moderately Severe | £19,070 to £54,830 | A much more optimistic prognosis despite significant problems still being present. | |
| Moderate | £5,860 to £19,070 | A good prognosis, following a marked improvement. | |
| Less Severe | £1,540 to £5,860 | The level of disability and duration of injury/illness is assessed when determining the award given. | |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £59,860 to £100,670 | Permanent effects preventing the person from returning to a pre-trauma level. All aspects of the injured person's life will be negatively affected. |
| Moderately Severe | £23,150 to £59,860 | A better prognosis after the intervention of some professional help. However, the person will still likely have significant disability for the foreseeable future. | |
| Moderate | £8,180 to £23,150 | The person has made a significant recovery and if there are any ongoing issues, they aren't majorly disabling. | |
| Less Severe | £3,950 to £8,180 | Only minor symptoms will persist past two years, otherwise a mostly full recovery will have been made. |
Claiming Material Damage
Compensation can also be awarded for material damage. This refers to the financial losses and out-of-pocket costs caused by the data breach. For example:
- Loss of earnings if you have had to take time off work due to the stress of the breach.
- The cost of having to relocate, such as if an abusive ex-partner has found out where you live due to the breach.
It is essential to provide evidence of these losses, which could include wage slips and bank statements.
Get in touch with our team to learn more about compensation for material and non-material damage. Our advisors can offer further information on when you can claim for a non-molestation order data breach that left you harmed and how much compensation you could be awarded.
How To Claim For A Non-Molestation Order Data Breach Using A No Win No Fee Solicitor
If you are eligible to claim for a non-molestation order data breach, you could benefit from seeking legal representation. The experienced data breach solicitors on our panel can offer expert legal advice and support to eligible claimants under a version of the No Win No Fee contract. They typically provide a Conditional Fee Agreement (CFA) to access their services.
By working with a solicitor under a CFA, you will not be asked for any upfront fees for your solicitor’s services. Nor for services moving forward for the duration of the claim. If the claim is unsuccessful, the solicitors request no fees for their completed services.
A payable amount applies if the case wins. This is a success fee which is deducted from the compensation as a small and legally restricted percentage. This ensures you get to keep the majority of the award.
If you want to find out whether you could work with a No Win No Fee solicitor from our panel, you can speak to our advisors. Alternatively, if you would like more information about data breach claims, they can help provide free advice without any obligation for you to continue with our services.
To get in touch, you can:
- Call the team on 020 8050 3051
- Message an advisor on the live chat feature on our website.
- Contact us online to begin your enquiry.
Read More About How To Claim Compensation For A Data Breach
You can find other of our helpful guides relating to claims for data breaches below:
- Learn if you could claim if social services sent data to an ex-partner in error and this caused you financial damage and/or mental harm.
- Guidance on making a credit card data breach claim.
- Find out about divorce data breach claims including when you could claim compensation.
Some other resources:
- Information on how to get your medical records from the NHS.
- A guide about how to make a complaint to the ICO.
- Learn who can apply for an injunction as a victim of domestic violence.
- Information on the legislation, The Family Law Act 1996, that sets out when a family court could make non-molestation orders.
- Guidance from the Crown Prosecution Service (CPS) on domestic abuse and when criminal proceedings could be started for this criminal offence.
Thank you for reading our guide on how to claim for a non-molestation order data breach. Please reach our if we can be of further assistance.
