You may be wondering ‘Can I claim if paperwork was lost or stolen and this affected my personal data?’. If so, this guide could help. It will discuss the criteria that need to be satisfied in order to begin a personal data breach claim, as well as the time limits that are in place for starting legal proceedings.
Claiming For A Data Breach When Paperwork Is Lost Or Stolen
Additionally, we will explore what a personal data breach is and provide examples of how one involving lost or stolen paperwork could occur, as well as the personal data that could be affected.
If your personal data is compromised, this can result in you suffering emotional harm or financial damage. We will look at the compensation that could be awarded to address the way you have been affected by the breach and how settlements may be calculated.
Furthermore, we will provide information on the steps you could take following a breach of your personal data, including reporting the incident and gathering evidence to support your case.
Finally, you can find information on the benefits of working with a No Win No Fee solicitor and how they could help you seek compensation.
If you have any other questions, please don’t hesitate to contact an advisor. To do so, you can:
- Call us on 020 8050 3051
- Contact us online
- Use our live chat feature below.
Jump To A Section
- Can You Claim For A Data Breach If Paperwork Is Lost Or Stolen?
- How Can A Data Breach Lead To Paperwork Being Lost Or Stolen?
- Potential Data Breach Compensation Amounts
- What Evidence Could Help In A Data Breach Claim?
- Make A No Win No Fee Data Breach Compensation Claim Using Our Panel Of Solicitors
- Learn More About Claiming For A Data Breach When Paperwork Is Lost Or Stolen
Can You Claim For A Data Breach If Paperwork Is Lost Or Stolen?
For a personal data breach claim to be valid, the following criteria need to be met:
- Firstly, a data controller or data processor did not adhere to data protection laws.
- Secondly, due to their wrongful conduct, a breach involving your personal data occurred.
- Thirdly, you experienced financial damage, emotional harm, or both, as a result of the breach.
The Information Commissioner’s Office (ICO) provides a helpful overview of what a controllers and processors role is. They state that a data controller sets the means and purpose for processing personal data, whilst the data processor acts on behalf of the controller.
Two pieces of legislation, the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA), work together to outline the responsibilities that controllers and processors have with regard to the processing of your personal data.
Personal data is any information that can be used, either directly or indirectly, to identify you. This can include your name, email address, postal address, debit or credit card details, or National Insurance number.
A failure to adhere to these laws can result in a personal data breach. This involves a security breach in which your personal data is lost, altered or destroyed, or accessed or disclosed without authorisation. Such a breach can potentially impact many types of records, such as information on your pension or mortgage or even medical records.
If paperwork containing your personal data has been lost or stolen due to a controller’s or processor’s wrongful conduct, and this caused you damage, call our team to find out whether you could be eligible to claim.
How Can A Data Breach Lead To Paperwork Being Lost Or Stolen?
There are different types of personal data breaches, including those resulting from human error. This could involve paperwork that has been lost or stolen. Examples of how this could occur can include:
- Poor physical security measures may have led to a physical file containing your medical records being stolen. This could lead you to experience emotional distress due to the sensitive nature of the personal information included in your file.
- A lack of training on how to dispose of paperwork containing financial information could lead to files containing your bank details being lost, allowing unauthorised parties access to them. This could lead to money being stolen from your account.
If you are interested in discussing your specific case, please speak with an advisor. They can offer insight into whether you’re eligible to seek data breach compensation.
Potential Data Breach Compensation Amounts
Data breach settlements can comprise compensation for non-material damage which is the psychological or emotional distress caused by the data breach.
To value your emotional injuries, legal professionals can refer to a document called the Judicial College Guidelines (JCG) to help them. Some of the guideline compensation brackets listed in this document have been included in the following table. However, you should only use these as a guide because settlements can vary.
| Type of Harm | Severity | Award Bracket - Guidelines | Notes |
|---|---|---|---|
| General Psychiatric Damage | (a) Severe | £54,830 to £115,730 | A poor prognosis with marked problems affecting several areas of the person's life. |
| (b) Moderately Severe | £19,070 to £54,830 | A better prognosis but still with significant problems affecting several areas of the person's life. | |
| (c) Moderate | £5,860 to £19,070 | Significant improvement across different areas of the person's life with a good prognosis. | |
| (d) Less Severe | £1,540 to £5,860 | Consideration is given to how long and to what extent the person is affected. | |
| Anxiety Disorder | (a) Severe | £59,860 to £100,670 | All parts of the person's life will be negatively impacted and they will be unable to return to a pre-trauma level. |
| (b) Moderately Severe | £23,150 to £59,860 | There is some recovery with help from a professional and a better prognosis. However, a significant disability is still likely for the foreseeable future. | |
| (c) Moderate | £8,180 to £23,150 | The injured person will have recovered significantly with any issues persisting not being majorly disabling. | |
| (d) Less Severe | £3,950 to £8,180 | Virtually a complete recovery within 2 years with only minor symptoms continuing beyond this period. |
Claiming For Material Damage In Data Breach Claims
You could also receive compensation for material damage which is the financial loss you have experienced as a result of the personal data breach. This can include money that has been stolen from your account or loans that have been taken out in your name.
Evidence, such as bank statements and credit reports, can help prove these losses.
For more information on data breach compensation, please speak with an advisor by calling the number above.
What Evidence Could Help In A Data Breach Claim?
Evidence can help strengthen a claim after a data breach caused by paperwork that was lost or stolen. With this in mind, you could use:
- Any correspondence you have had with the organisation about the breach, including letters or emails that detail the nature of the breach and what personal data was affected.
- Medical records or reports that show any emotional harm you experienced.
- Proof of any financial losses.
Additionally, if you report the incident to the ICO, they might investigate. If their findings support your case, you could use these to support your claim.
A data breach solicitor from our panel could help you build your case and ensure it is presented in full within the relevant time limit. To find out more about the services they can offer and whether you’re eligible to have them represent your claim, call on the number above.
Make A No Win No Fee Data Breach Compensation Claim Using Our Panel Of Solicitors
If you have eligible grounds to begin a personal data breach claim, you could benefit from working with a solicitor from our panel. As mentioned above, they can offer different services, such as help building your case and valuing your claim.
Additionally, they can offer to work your case in a No Win No Fee capacity. In doing so, you could be offered a contract that allows you access to their services without paying upfront, as your case progresses, or if your case fails. This type of contract is called a Conditional Fee Agreement (CFA). Another term of a CFA means you won’t pay for any work completed on your case if it fails.
A success fee will be taken from your compensation if the case wins. The amount they can take, however, is restricted by legislation. Also, you will get the chance to discuss the fee with your solicitor prior to them starting any work on your claim.
To learn more about how one of the No Win No Fee solicitors from our panel could help, please:
- Call us on 020 8050 3051
- Contact us online
- Use our live chat feature below.
Learn More About Claiming For A Data Breach When Paperwork Is Lost Or Stolen
For more of our helpful guides:
- Learn whether you could claim following a trade union membership data breach.
- Find out what steps you could take after an email data breach.
- Read our guide on whether it’s possible to claim for a data breach on social media.
You can also find some helpful external resources below:
- ICO – Your right to get data deleted
- ICO – Make a complaint
- National Cyber Security Centre – Information for families and individuals
Thank you for reading this helpful guide on when you could be eligible to make a data breach claim following paperwork that has been lost or stolen, affected your personal data and caused you damage. If you have any other questions, call on the number above.
Writer Jeff Walker
Editor Meg Monsoon