If you are wondering whether you can claim compensation following a fax data breach, this guide could help.
Certain third parties, known as data controllers and data processors, have a responsibility as per the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 with regard to the processing, handling and storing of your personal data.
Each of these parties have a different role, with the controller setting the purpose and means for processing your personal data and the processor acting on their instruction. If they were to fail to adhere to these laws, it could result in a breach involving your personal data that causes you emotional harm or financial loss. We will provide guidance on when you could be eligible to make a personal data breach claim later on in our guide.
Additionally, we will discuss what a personal data breach is and the steps you could take if one occurs, including reporting the incident to the organisation and the Information Commissioner’s Office (ICO). The ICO is the independent body in the UK set to uphold information rights. They can investigate any concerns brought forward to them and take enforcement action if they find an organisation to be in breach of data protection legislation.
Furthermore, you can find an overview of data breach settlements, including what they can comprise and how they are calculated.
Finally, we will explore the benefits of working with a data breach solicitor who offers their services in a No Win No Fee capacity.
To learn more, you can speak with an advisor as they can offer free advice on your potential claim and answer any questions you might have. For more information:
- Call on 020 8050 3051
- Contact us online
- Use the live chat option below.
Browse Our Guide
- When Am I Eligible To Claim For A Fax Data Breach?
- How Could A Fax Data Breach Occur?
- Evidence That Could Be Used In A Data Breach Claim
- How Much Compensation For A Fax Data Breach Could I Receive?
- Claim For A Data Breach On A No Win No Fee Basis
- Read More About Data Breach Compensation Examples
When Am I Eligible To Claim For A Fax Data Breach?
A valid personal data breach claim will be able to show:
- There was a failure on the part of a data controller or data processor to adhere to data protection laws.
- As a result of their wrongful conduct, a breach occurred involving your personal data.
- You suffered financial and/or psychological damage because of the breach.
Personal data is defined as information that is used to identify you, either directly, or indirectly when processed alongside other information. This can include your name, postal address, date of birth and email address.
Additionally, there is another type of personal data called special category data which can include information that relates to your health. This type of data is sensitive in nature and requires extra protection.
A breach of personal data is defined by the ICO as a security breach that results in your personal data becoming lost, destroyed or altered either accidentally or unlawfully, or disclosed, or accessed without authorisation.
If you have evidence that your personal data was compromised due to a fax data breach, please get in touch with an advisor to discuss the next steps you could potentially take.
How Could A Fax Data Breach Occur?
There are several ways a fax data breach could occur, including as a result of human error. Some examples can include:
- There is a failure to redact witness information, including names and addresses, when sending evidence to a court via fax.
- A fax containing personal information, including your name, date of birth and information relating to your health such as a medical condition you have, is sent to the wrong number.
A breach of personal data could impact a person in several ways, including financially, psychologically or both.
For example, if information relating to a person’s health is compromised in a breach, it could cause them to experience stress, anxiety or emotional distress as a result. This could also result in them requiring time off work to recover from the emotional effect of the breach. As such, they could incur a loss of earnings.
To discuss your specific case and find out whether you’re eligible to seek data breach compensation for the ways you were affected, please call an advisor on the number above.
Evidence That Could Be Used In A Data Breach Claim
It’s important to assemble evidence to support a fax data breach claim. Examples of the evidence you could gather can include:
- Proof of correspondence between you and the organisation about the breach. A data controller must inform you in writing about a breach that puts your rights and freedoms at risk. They must do this without undue delay. As such, you can use any letters or emails they have sent with information about the breach, including what personal data was affected.
- Medical records showing psychological impact caused by the breach. This can include doctor reports.
- Proof of any financial losses. This can include copies of bank statements and credit reports.
Additionally, if the organisation has not contacted you and has not provided an adequate response after you contacted them, you could make a complaint to the ICO. They may choose to investigate your report. If their findings support your claim, you could use these as evidence.
If you are eligible, a solicitor from our panel could represent your claim and help you gather evidence to build your case. To find out more about the services they offer, speak with an advisor on the number above.
How Much Compensation For A Fax Data Breach Could I Receive?
Following a successful personal data breach claim, you could receive compensation for the following:
- Material damage. This is the financial loss you have experienced as a result of the personal data breach. For example, lost income that you have incurred due to taking time off work to recover from the emotional impact of the breach. Evidence of any monetary losses, such as wage slips, can support your claim.
- Non-material damage. This is the psychological harm you have experienced as a result of the personal data breach. For example, after having your personal data compromised, it could lead you to experience stress, anxiety, or in more severe cases, post-traumatic stress disorder.
To value non-material damage, legal professionals can refer to medical evidence alongside the Judicial College Guidelines (JCG). This publication lists guideline compensation amounts that relate to different types of injuries, including those for psychiatric harm.
You can find some of these figures in the table below. However, please only use them as a guide as settlements can differ depending on the unique circumstances of a case.
Award Brackets
| Type of Harm | Severity | Notes | Award Bracket |
|---|---|---|---|
| Psychological Harm | (a) Severe | A very poor prognosis with marked problems affecting several areas of the injured person's life. | £54,830 to £115,730 |
| (b) Moderately Severe | A better prognosis despite significant problems affecting several areas of the injured person's life. | £19,070 to £54,830 | |
| (c) Moderate | The injured person will have made a significant improvement and will have a good prognosis. | £5,860 to £19,070 | |
| (d) Less Severe | The award given will be affected by the length of disability and how badly the person was affected. | £1,540 to £5,860 | |
| Anxiety Disorder | (a) Severe | Permanent effects that stop the person from functioning at the same level they were at prior to the trauma. | £59,860 to £100,670 |
| (b) Moderately Severe | A better prognosis is achieved due to some recovery after receiving professional help. However, the effects are still likely to cause a disability of a significant nature in the future. | £23,150 to £59,860 | |
| (c) Moderate | A significant recovery with any ongoing issues not considered majorly disabling. | £8,180 to £23,150 | |
| (d) Less Severe | This bracket looks at cases of a virtual full recovery within 1-2 years, with only minimal symptoms persisting beyond this point. | £3,950 to £8,180 |
Are you wondering how much compensation for a data breach you could be awarded? If so, please speak with an advisor as they can offer a free personalised estimate of your claim.
Claim For A Data Breach On A No Win No Fee Basis
If you have valid grounds to make a fax data breach compensation claim, you may choose to work with a solicitor from our panel. They can offer to work your claim in a No Win No Fee capacity. As such, they may offer a Conditional Fee Agreement (CFA) which is a type of contract under the terms of which you won’t have to pay any fees for your solicitors services at the following times:
- At the beginning of your claim,
- While your claim is in progress,
- Should your claim fail.
A successful outcome means that your solicitor will deduct a legally restricted amount from your compensation. This is called a success fee. You will have the opportunity to discuss the fee with your solicitor prior to them beginning any work on your case.
If you would like to work with a solicitor on this basis, contact an advisor. They can perform a free case assessment to determine whether you have valid grounds to pursue a data breach claim. If you do, they can connect you with a solicitor from our panel.
Alternatively, if you have any questions about your potential claim, they can provide further guidance on eligibility and the steps you can take to strengthen your case.
To get in touch, you can:
- Call on 020 8050 3051
- Contact us online
- Use the live chat option below.
Read More About Data Breach Compensation Examples
For more of our helpful guides relating to data breach claims:
- Am I able to claim compensation for an email data breach?
- What should I do after a data breach?
- Can I claim compensation for a passport data breach?
For more informative external resources:
- National Cyber Security Centre – Tips for staying secure online
- ICO – Your right to object to the use of your data
- GOV – Find out what data an organisation has about you
Thank you for reading our helpful guide on when you could be eligible to begin a fax data breach claim. If you have any other questions, get in touch with an advisor on the number above.