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How To Claim For A Surgery Data Breach

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This article discusses how to claim for a surgery data breach that compromised your personal data. We will cover several topics that may be important when considering this type of claim, such as the eligibility requirements you must meet. We will also provide details about compensation, including how data breach claims are calculated for psychological distress.

On a similar note, this article explains how the solicitors on our panel may be able to offer their services in a way that means you avoid upfront charges and ongoing fees.

If you’d like to learn more about these topics, keep reading. At the same time, you can contact our team of advisers to ask your questions directly and receive a compensation estimate based on your exact circumstances. Reach us 24/7 by:

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  1. When Are You Eligible To Claim For A Surgery Data Breach?
  2. How Do You Claim Compensation For A Data Breach?
  3. What Compensation Could You Receive From A Data Breach Claim?
  4. When Should You Report A Data Protection Breach?
  5. How Can No Win No Fee Data Breach Solicitors Help Me Claim?
  6. Learn More About Claiming For A Surgery Data Breach

When Are You Eligible To Claim For A Surgery Data Breach?

Your eligibility to claim compensation for a surgery data breach is established by certain pieces of legislation, known as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Together these laws protect the use of personal data.

According to the UK GDPR, certain entities must follow specific rules while processing personal data. These entities are called data controllers and data processors. To elaborate on this subject, it is worth turning to the Information Commissioner’s Office (ICO), a public body that ensures data protection rights are upheld. This body explains more about the legislation’s definition of data controllers and processors:

  • Data controllers are entities that decide how and why to process personal data.
  • Data processors are entities that act under the instruction of a particular data controller to process the information.

A doctor’s surgery could assume the role of both data controller and data processor. However, if it does not uphold its legal responsibilities as outlined in the legislation above, its failings could result in a personal data breach.

In broad terms, this type of security incident could lead to unlawful or accidental loss, destruction, alteration, unauthorised access to or disclosure of personal data.

Helpfully, the ICO’s guide to the UK GDPR explains that personal data is information that relates to a living person and could be used to identify them, either alone or when considered together with other pieces of information.

Examples Of A Potential Surgery Data Breach

The following examples illustrate potential surgery data breaches that could compromise personal data. For example:

  • A data breach by a GP meant medical records were lost or stolen because they were not kept secure, allowing medical records to be exposed.
  • In a hospital data breach, a doctor could accidentally leave a patient’s physical records on a countertop, allowing anyone to see the personal data.
  • Lastly, an appointment confirmation letter could be sent to the wrong address, possibly revealing personal data about an individual’s medical conditions

Contact our advisers if you need more information about a data protection breach and when you can claim compensation for one.

How Do You Claim Compensation For A Data Breach?

Certain pieces of evidence can support your claim for compensation. For instance, you could collect:

  • Letters, emails and other important correspondence from the data controller or processer
  • Medical records regarding the psychological effects you experienced due to the breach
  • Financial documents detailing the material losses you sustained because of the breach

It’s important to note that a data breach solicitor could help you collect evidence to support your claim. Contact our advisers to learn more about this service, or read on for surgery data breach compensation payout examples.

What Compensation Could You Receive From A Data Breach Claim?

A successful claim could reimburse you for two aspects of the harm you experienced: non-material damage, which is the psychological consequences resulting from a surgery data breach; and material damage, which is the financial repercussions the breach causes.

There is a document that solicitors will generally use to assess the potential award for non-material damage. This is known as the Judicial College Guidelines (JCG), containing information about different injuries by type and severity and their accompanying bracket amount guideline. The table below contains entries that are relevant to a data breach claim.

Type of Non-Material DamageJCG BracketJCG SeverityFurther Information
General Psychological Damage£54,830 to £115,730SevereAll aspects of life are severely affected , including work and interpersonal relationships and there is a poor prognosis.
General Psychological Damage£19,070 to £54,830Moderately SevereMore optimistic prognosis despite significant issues regarding the same aspects of life mentioned above.
General Psychological Damage£5,860 to £19,070Moderate Good prognosis even though there may have been problems associated with the aspects of life mentioned above.
General Psychological Damage£1,540 to £5,860Less SevereAward considers the length of disability and aspects of life affected; for example, sleep.
Post-Traumatic Stress Disorder £59,860 to £100,670SeverePermanent effects that influence all areas of the individual's life.
Post-Traumatic Stress Disorder £23,150 to £59,860Moderately SevereSignificant effects that that are likely to influence the individual for the foreseeable future.
Post-Traumatic Stress Disorder £8,180 to £23,150ModerateContinuing effects that are not grossly disabling and do not prevent the individual from largely recovering.
Post-Traumatic Stress Disorder £3,950 to £8,180Less SevereMinor effects that continue for some time, though the individual experiences a virtual full recovery within 2 years.

Please note these figures are guidelines only. Your actual circumstances could vary, meaning you receive a different amount of compensation for non-material damage.

Can You Also Claim For Material Damage?

You can also claim for the financial losses you sustained due to the surgery data breach. However, you need evidence to prove that material damage occurred, so it is useful to gather bank statements, receipts, and other records.

When Should You Report A Data Protection Breach?

The ICO, which we discussed earlier, ensures that data protection laws are upheld. Therefore, they must receive reports about any data breaches likely impacting individuals’ rights and freedoms. After discovering a breach has occurred, the data controller or processor has 72 hours to determine if it is likely to have this impact and report the incident. They should also inform the affected individual as quickly as possible.

To report a data breach as an individual, you should contact the relevant data controller or processor and request information about what data has been exposed. If you do not receive a satisfactory reply, wait no longer than 3 months to approach the ICO and request they investigate the breach.

Not all data breaches must be reported to the ICO, and compensation is not awarded by this organisation. Therefore, claiming is possible even if the breach wasn’t reported.

Read on to find out how a solicitor from our panel could guide you through the process of claiming for a surgery data breach.

How Can No Win No Fee Data Breach Solicitors Help Me Claim?

Hiring legal representation can benefit the process. For example, they can help you collate evidence about the surgery data breach that occurred.

If our advisers feel your claim is valid and you wish to proceed, they could assign one of the data breach solicitors from our panel to represent your case. These professionals can also help by offering their services under a No Win No Fee agreement called a Conditional Fee Agreement (CFA).

You don’t have to pay upfront charges or ongoing fees when using this type of agreement. Also, you typically don’t have to pay your solicitor for their services if your claim fails.

Instead, your solicitor takes a success fee at the end of a winning claim. This is taken from your compensation but is subject to a legal cap. This is to ensure that you always receive most of your compensation award.

Want To Know If You Can Claim For A Data Protection Breach? Contact Us For Free Today

Contact our advisers to learn more about claiming compensation for a surgery data breach. You can also ask how a solicitor may be able to assist you. This consultation is free and our team is available 24/7. For an obligation-free conversation about your eligibility to claim, contact us by:

Learn More About Claiming For A Surgery Data Breach

Other guides that may be of use:

How To Claim Compensation For A Trade Union Membership Data Breach

What Are The Consequences Of A Data Breach That Affects Personal Information?

A Guide To School Data Breach Compensation Claims

Third-party resources you can consult:

National Cyber Security Centre (NCSC) – Expert response unit aiding with cyber security incidents in the UK

Security Incident Trends – Statistics from the ICO about how many breaches have been reported to them

Make A Complaint – Government resource detailing how to complain about a suspected breach of your personal data

Thank you for reading this article about claiming compensation for a surgery data breach. To learn more, contact us using the details we’ve provided above.

Could I Claim Compensation For A Wage Data Breach?

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This guide explores what makes a valid wage data breach claim and how you can calculate data breach compensation. We give a definition of personal data, look at the laws that protect it and outline the steps you can take towards making a claim if your personal information is involved in a data breach. 

A guide to claiming after a wage data breach

A guide to claiming after a wage data breach

If you have any queries about making a claim, why not get in touch? Our advisors give free legal advice and you won’t be under any obligation to proceed with the services of our panel of solicitors. However, if you do have a strong, valid claim, our advisors could connect you with a No Win No Fee solicitor from our panel.

Our advisors are here, 24/7, ready to help you. Simply get in touch by:

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  1. Guidance On Claiming Compensation After Data Breaches Involving Wages 
  2. What Is A Wage Data Breach?
  3. Examples Of A Salary Data Breach
  4. How Much Could I Get For A Wage Data Breach?
  5. Benefits Of Using A No Win No Fee Lawyer
  6. Additional Information about A Wage Data Breach 

Guidance On Claiming Compensation After Data Breaches Involving Wages 

In order to make a valid data breach claim, you need to show that:

  • Your personal data was involved in a data breach
  • You suffered mental harm or financial loss, or both types of damage, as a result
  • The organisation that was entrusted with your personal data failed to protect it due to wrongful conduct

Data breaches are a potential obstacle that organisations face, with 39% of UK businesses identifying a cyber attack in the 12 months prior to the Cyber Security Breaches Survey 2022. When the wage data breach consists of personal data as sensitive as individuals’ salaries, data processors and controllers must react appropriately. 

Personal data (or personal information) is data that relates to you and can be used to identify you. For example, your national insurance number, salary and name are personal information. Personal data needs to be protected.

A data processor is an entity (such as an organisation or agency) that processes personal data on a data controller’s behalf. A data controller is an organisation that confirms how and why it will process personal data. It doesn’t always need to use the services of a data processor.

Due to the nature and value of banking data, it is sought after by hackers and other parties to be used in nefarious activities. If you suffered because of a personal data breach, our advisors could help you guage whether you could claim. 

What Is A Wage Data Breach? 

In order to understand what makes a wage data breach, you must first understand what a data breach is: the unlawful or accidental destruction of, disclosure of, access to, alteration of or loss of personal information. 

Broadly, this is a security issue. Each data breach is a security incident affecting the confidentiality or availability of personal data. 

A data breach can have a marked effect on a person, which can vary depending on the scope of the breach and what information was compromised. 

In order to help prevent breaches and protect personal data, the Data Protection Act 2018 and the UK General Data Protection Regulations (UK GDPR) were implemented. A guide to the UK GDPR is available with the Information Commissioner’s Office (ICO). The ICO is an independent body that enforces data protection legislation.  

In order to make a claim for a wage data breach, you would need to show that the breach was a result of wrongful conduct. Essentially, the organisation entrusted with your data would have caused the breach through a failure to follow the law. Additionally, you must show that you suffered either material (financial) or non-material (psychological) damages as a result. 

Examples Of A Salary Data Breach

Physically-held personal data and digitally-held personal data both have vulnerabilities. Some examples of what a salary data breach could look like include:

Physical Data 

  • Incorrect disposal of paperwork containing personal data, where unauthorised persons access it
  • Loss or theft of paperwork containing personal information
  • A failure to redact personal information on published materials
  • A wage slip is posted to an unauthorised person, even though the employer has the correct address on file

Digital Data 

  • Personal data is emailed to a person who isn’t authorised to receive it
  • Personal data stored in online systems is hacked because of substandard cybersecurity
  • A failure to redact personal data in media published online

Latest Data Breach Statistics

As well as taking measures to help protect our personal data, the ICO records quarterly data security incident trends. In the 4th quarter of 2021/2022, there was a total of 2,172 data breaches across different sectors. In finance, insurance and credit, 173 data breaches were reported. Of these, 35 resulted from emails being sent to the wrong recipients, whereas 20 and 14 were attributed to ransomware and phishing, respectively.

In total, the most common cause of breaches was the emailing of data to the incorrect recipients.

How Much Could I Get For A Data Breach?

Compensation for data breach claims is valued on a case-by-case basis because each claim is unique. In this section, we aim to help you understand how data breach awards are calculated.

You could seek up to two types of damages if you make a successful data breach claim: material damage and non-material damage.

Non-Material Damage

Non-material damages are the psychological impacts a wage data breach has on you. For example, you could seek compensation for stress, anxiety and depression caused. 

The Judicial College Guidelines (JCG) is a publication that solicitors can use when valuing a personal injury claim. It lists injuries alongside potential compensation amounts. Legal professionals can also use it to value non-material damage in data breach claims. 

We’ve included figures from the 16th edition JCG (produced in April 2022) in the compensation table below. Please use this for illustrative purposes only. If you’d like our advisors to value your claim for free, simply get in touch.

InjurySeverityCompensation BracketsNotes
Psychological Damage Generally (a)Severe£54,830 to £115,730Problems with future vulnerability, ability to cope with life, education and work.
Psychological Damage Generally (b)Moderately Severe£19,070 to £54,830The prognosis will be much better than above but significant problems remain.
Psychological Damage Generally (c)Moderate£5,860 to £19,070There may be the kind of problems associated with severe damage but there will be marked improvement.
Psychological Damage Generally (d)Less Severe£1,540 to £5,860The length of the period of disability and the extent daily activities like eating and sleeping were affected are considered for the level of the award.
Anxiety Disorder (a)Severe£59,860 to £100,670Permanent effects prevent the injured person from working or functioning near pre-trauma levels. All aspects of the injured’s life are badly affected.
Anxiety Disorder (b)Moderately Severe£23,150 to £59,860Distinct from the above with better prognosis, allowing for some improvement with medical help. There will be a significant disability for the foreseeable future.
Anxiety Disorder (c)Moderate£8,180 to £23,150The person will largely recover and continuing effects will not be grossly disabling.
Anxiety Disorder (d)Less Severe£3,950 to £8,180Virtually full recovery will be made within one to two years. Minor symptoms may persist over a longer period.

Material Damages 

These are the financial ramifications of a wage data breach. A data breach involving your banking information could result in theft from your account or credit score fraud, for example. If the personal data breach caused you psychological harm, you may find yourself having to pay for counselling. You could recover the financial losses in a data breach claim. 

Benefits Of Using A No Win No Fee Lawyer? 

Should you choose to have legal representation, your data breach solicitor might offer their services on a No Win No Fee agreement. 

This arrangement allows you to affordably fund the services of a solicitor and removes the threat of upfront or ongoing solicitor fees. Instead, you don’t have to pay until after the legal proceedings have concluded. And even then, you’d only pay the solicitor for their services if the claim is successful. If it’s not successful, you don’t have to pay this fee. The fee is capped by law and our advisors can discuss it with you before you decide to make the claim. 

Ask About Wage Data Breach Claims

If you have any questions about hiring a No Win No Fee solicitor or would like to make a claim, then contact our team of advisors for a free consultation. They’re available 24/7 and won’t oblige you to continue with our services. 

Additional Information About A Wage Data Breach

If you need any more information relating to data breach claims, why not see the below?

Data Breach Reporting  

Self Assessment For Data Breaches 

Data Protection Make A Complaint

If these sources were useful, you may wish to read further: 

Data Breach FAQs

How Much Could My Data Breach Claim Be Worth?

How To Report A Data Breach

If you’d like to know whether you could make a wage data breach claim, get in touch today.

Publisher Ruth Vernon

Writer Ryan Walsh

Can I Make A Claim After A Bank Data Breach?

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If you suffer from a bank data breach and you have suffered financial damage or harm to your mental health, you may be owed compensation. In this guide, we will discuss what happens if you’re harmed because of a data breach and how to make a valid claim. 

bank data breach

A guide to claiming after a bank data breach

In addition to advising you about compensation for a bank data breach, we also go through the benefits of using a No Win No Fee solicitor. We want you to get the maximum compensation that you could be owed.

Perhaps you might be ready to talk to someone about your situation. Our team can offer free legal advice with no obligation whatsoever to use our services. You can get in touch with us by using the live chat feature on your screen. Otherwise, you may:

  • Call any day of the week on 0800 408 7827
  • Request a call back by completing the form at the top of this page
  • Contact us and get one step closer to making a claim

Choose A Section

  1. Can I Claim Compensation For A Bank Data Breach?
  2. How Much Could I Get For A Data Breach By A Bank?
  3. What Is A Bank Data Breach?
  4. How Much Time Do I Have To Claim Data Breach Compensation?
  5. Could I Have A No Win No Fee Solicitor?
  6. Further Guidance On Bank Data Breach Claims

Can I Claim Compensation For A Bank Data Breach?

The Data Protection Act 2018 contains provisions that allow you to seek data breach compensation if you have suffered due to a data breach. The Act sits alongside the UK General Data Protection Regulation (UK GDPR) and states that compensation can be given for ‘damage’. However, you must have evidence to support what you say in order to make a valid claim. 

If you were to prove that you had suffered mental harm, you could seek medical attention. Medical reports prove the extent of injuries such as anxiety, stress or post-traumatic stress disorder (PTSD). It would be beneficial to undergo a psychiatric evaluation with an independent medical expert too, which we can arrange if you use our services.

On the contrary, it’s much more difficult to prove financial damage because it is not as apparent as psychological harm. Subsequently, a data breach solicitor could benefit you as they can make sure that you cover all bases of any financial harm. Our panel of solicitors can help you, but only if you have a valid claim. 

How Much Could I Get For A Data Breach By A Bank

To help you estimate how much you could get for a bank data breach, we’ve taken guidelines from the 16th edition of the Judicial College Guidelines (JCG), produced in April 2022. Solicitors use the JCG to value injuries based on cases previously settled in court. Therefore, we can use the JCG to give you an estimate of what you might claim for non-material damage, which relates to psychological harm caused by the incident. Please note, the compensation brackets are estimates and do not represent the final figure you may receive.

Injury Compensation Range

Notes
Severe Psychiatric Damage£54,830 to £115,730

The prognosis is not good and relationships in your personal life are detrimentally affected.
Moderately Severe Psychiatric Damage£19,070 to £54,830You may be unable to cope with life and work.
Moderate Psychiatric Damage£5,860 to £19,070The prognosis is much more optimistic than in the above brackets.
Less Severe Psychiatric Damage £1,540 to £5,860Your ability to carry out daily activities may suffer.
Severe Post-Traumatic Stress Disorder£59,860 to £100,670The severity of your PTSD may leave you unable to work.
Moderately Severe Post-Traumatic Stress Disorder£23,150 to £59,860Significant disability is likely to affect you going forward.
Moderate Post-Traumatic Stress Disorder£8,180 to £23,150Ongoing symptoms are not too intrusive and your recovery will be good.
Less Severe Post-Traumatic Stress Disorder£3,950 to £8,180A full recovery is expected to be made within one or two years.

What Goes Into A Data Breach Claim?

It is also possible to claim for material damage, which relates to financial losses that stem from the bank data breach. For example, criminals may steal money from your bank account.

If banks do not have adequate security measures in place, incidents like such can happen. Back in November 2016, some Tesco Bank users had money from their personal current accounts stolen by fraudsters. The UK financial regulator, the Financial Conduct Authority, fined Tesco Bank after they were found to have not provided due skill, care and diligence in protecting their customers. 

If you are struggling to understand who was at fault for your bank data breach, speak to an advisor for free legal advice. They could connect you to a solicitor from our panel to get the data breach compensation you might be owed. 

What Is A Bank Data Breach

The Information Commissioner’s Office (ICO) is responsible for enforcing data protection legislation and can fine organisations for breaches of data protection laws. A personal data breach is a security incident that leads to personal data being accessed, lost, destroyed, changed or disclosed unlawfully or accidentally. 

Data breaches can be committed by cyber criminals, for example through phishing scams or ransomware threats. Alternatively, human error can result in a bank data breach. There are several ways digital and physical data can be breached through human error, including:

  • Data sent to the wrong recipient: For example, a bank may accidentally email someone’s personal data to the wrong person. Additionally, if a bank does not update a person’s address, even though they advise the bank of this, personal data could be sent to their old address and fall in the hands of the wrong person. 
  • Verbal disclosures: Conversations about someone’s personal data, such as their bank statement, should only be discussed with the data subject or those with the relevant authority. Furthermore, the conversation should be in a secure space, where unauthorised people cannot hear what is going on. For example, banks usually have private booths where staff can speak to individuals.
  • Incorrect disposal of paperwork or hardware: Anything that contains personal data, whether it is paperwork or hardware, should be properly disposed of to avoid someone accessing the information. 

Latest ICO Statistics 

The finance, insurance and credit sector reported 185 data security incidents to the ICO in Q3 of 2021/22. Out of those incidents, 131 were non-cyber whilst 54 were cyber. However, it is worth noting that these figures are deduced from reports that were notifiable, so the number of incidents could be bigger.

Our advisors can discuss your situation free of charge with no obligation to use our services. However, given our panel of solicitors can offer their expertise on a No Win No Fee basis, you could benefit from our services.

How Much Time Do I Have To Claim Data Breach Compensation?

The Limitation Act 1980 sets a time limit for making a bank data breach claim. Under the Act, you have up to 6 years from the date your data was breached or when you first suffered any financial harm because of the incident. 

Due to the strict time limit, it is crucial you seek legal advice as soon as you become aware that you are the victim of a bank data breach or you’ve experienced financial loss. Our panel of solicitors may be able to help you make a strong, valid claim.

Could I Have A No Win No Fee Solicitor? 

We believe anyone who has a valid claim has the right to take action. Financial barriers should not prevent you from getting the legal representation you deserve. That’s why our panel of solicitors offer their services on a No Win No Fee basis. Not only does this agreement avoid an upfront solicitor’s fee, but you also won’t pay your solicitor an ongoing fee for their work. Furthermore, you won’t pay the solicitor their fee at all if they fail to get you a settlement. 

Additionally, if your claim succeeds, you’ll pay your solicitor a legally capped percentage from your settlement. Article 5 of the Conditional Fee Agreements Order 2013 states that the fee is capped at 25%. However, this percentage can be lowered.

Get Advice On How To Claim Compensation For A Bank Data Breach

If you choose our services, beginning a claim can be easy. Our advisors can discuss your case for free and may put you in touch with a solicitor from our panel if you have a valid claim. It’s simple enough to get in touch with us too. You could use the live chat feature to connect to our team now, or you can:

  • Call us on 0800 408 7827
  • Request a call back by scrolling to the top of this page and completing a form
  • Contact us for more information

Further Guidance On Bank Data Breach Claims

We hope you’ve found this guide useful and feel confident to make a bank data breach claim. Here are some additional resources that might help you.

Special category data – The ICO teaches you all you need to know about special category data.

Stress – A data breach may cause you stress. Get help from the NHS.

Statutory Sick Pay (SSP) – Government advice on getting sick pay.

This concludes our guide on claiming for a bank data breach. Call now for a free consultation.

Publisher Ruth Vernon

Writer Lewis Julius

Could I Claim Compensation After A City Council Data Breach?

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By Lewis Prince. Last Updated 26th October 2022. A city council data breach could leave you out of pocket or facing psychological problems. If this sounds like you, you might have grounds for a valid claim. In this guide, you’ll learn how to report a city council data breach and how you could get the data breach compensation you might be owed.

city council data breach

A guide on claiming for a city council data breach

City councils hold large amounts of personal data on their staff and residents, meaning there are plenty of opportunities for a data breach to happen. We’ll discuss example scenarios of city councils committing data breaches to give you an idea of what you claim for.

Ahead of starting this guide, you may already be raring to speak to our team and take the next step in making a valid claim. Use the live chat feature to connect with an advisor, or:

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  1. Can I Claim Compensation For A City Council Data Breach?
  2. How Much Could I Get For A Data Breach By A City Council?
  3. What Is A City Council Data Breach?
  4. How Long Do I Have To Claim Data Breach Compensation?
  5. Could I Have A No Win No Fee Lawyer?
  6. Further Guidance On City Council Data Breach Claims

Can I Claim Compensation For A City Council Data Breach?

The UK General Data Protection Regulation (UK GDPR) sets out several principles that organisations and individuals should be aware of when processing or storing personal data. UK GDPR sits alongside the Data Protection Act 2018 (DPA).

Data controllers are organisations that decide how and why personal data is stored, and they also process personal data. However, sometimes, in their stead, organisations known as data processors process personal data. The city council acts as a data controller and may use third parties to process data. 

If data controllers or data processors are found to have neglected the UK GDPR or the DPA, a data breach may occur. However, it is important that you can prove that the data controller or data processor has committed positive wrongful conduct and you suffered financial harm or psychological harm as a result. 

The principles set out in the UK GDPR include:

  • Lawfulness, fairness and transparency: Organisations should be clear on why they are collecting personal data.
  • Purpose limitation: They should only collect data for a specified purpose.
  • Data minimisation: It is important for organisations to keep the personal data they collect to a minimum.
  • Accuracy: Keep personal data updated and relevant.
  • Storage limitation: Organisations have a duty to safely and securely get rid of personal data that they no longer need.
  • Integrity and confidentiality: Security measures must be in place to keep personal data secure.
  • Accountability: It is necessary that organisations show their compliance with the UK GDPR. 

Our advisors can speak to you about your case with no obligation to use our services afterwards. Furthermore, they may put you in touch with a solicitor from our panel, who could then use their expertise to increase your chances of making a successful claim.

Can I Claim Compensation From The Council For Stress After A GDPR Breach?

If you have sufficient evidence, you may be able to claim compensation from the council for stress or other psychological issues. This would be under non-material damage.

Any medical evidence, such as discharge letters or hospital records, may be used to support data breach claims for stress. A data breach solicitor from our panel could also arrange a private medical assessment in order for you to obtain medical evidence. They could ensure the assessment is local to avoid you having to travel far.

As well as being asked to prove any psychological harm, you’ll be required to prove any related material damage too. For example, you may need time off work to recover and suffer a loss of earnings. Retain payslips to prove this loss.

If you believe you are eligible to claim data breach compensation from the council for stress, get in touch with our advisors for a free eligibility check.

How Much Could I Get For A Data Breach By A City Council?

The Judicial College Guidelines (JCG) is a document used by solicitors to value injuries based on compensation awarded in previous court settlements. We have taken compensation ranges from the 16th edition of the JCG, released in April 2022, to give you an estimate of what you could be owed.

InjuryCompensation RangeNotes
Severe Psychiatric Damage£54,830 to £115,730Qualities of your life will be detrimentally affected, including maintaining relationships in your personal life.
Moderately Severe Psychiatric Damage£19,070 to £54,830You are unable to cope with life and your ability to work is negatively affected.
Moderate Psychiatric Damage£5,860 to £19,070The prognosis is a lot more optimistic compared to more severe psychiatric damage injuries.
Less Severe Psychiatric Damage £1,540 to £5,860You might be unable to sleep but the prognosis will be good.
Severe Post-Traumatic Stress Disorder£59,860 to £100,670The severity of your PTSD makes it a struggle for you to work and will affect all aspects of your life.
Moderately Severe Post-Traumatic Stress Disorder£23,150 to £59,860Going forward, significant disability will continue to affect your quality of life.
Moderate Post-Traumatic Stress Disorder£8,180 to £23,150A recovery is expected and symptoms that persist do not have too much of an impact on you.
Less Severe Post-Traumatic Stress Disorder£3,950 to £8,180Ongoing symptoms would only be minor and a full recovery is expected by two years at most.

What Makes Up Data Breach Compensation?

The data breach compensation you might receive for psychological harm is referred to as non-material damage.

However, it may also be possible for you to claim for financial losses too. We refer to this head of claim as material damage. For example, the stress of a city council data breach may leave you unable to work and cause a loss of earnings. You must prove material damage, so in this case you could use a wage slip as evidence of your loss of earnings.

For more examples of material damage you could claim for, speak to an advisor today.

What Is A City Council Data Breach?

The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO notes that a data breach occurs when a security incident results in personal data being accessed, lost, disclosed, destroyed or altered unlawfully or accidentally.

An incident may happen due to cybercrime or human error, for example, and can lead to a personal data breach.

Data breaches may happen for a number of reasons, including:

  • A failure to use BCC in emails: If city council staff fail to use the BCC field in emails, other recipients can see all the email addresses the email has been sent to. 
  • Data posted to the wrong person: A principle of the UK GDPR is to make sure personal data is updated and relevant. Therefore, council staff have a duty to update the personal information they hold on residents, such as where they live. If a resident moves house and informs the council, but staff do not update the address, confidential information could be sent to the new homeowner instead. 
  • Incorrect disposal of paperwork or hardware: Council staff have a duty to properly and safely dispose of items containing personal data. Otherwise, your data could fall into the wrong hands. 

What Are The ICO’s Data Breach Statistics?

Local government was the fourth sector most affected by data breaches in Q3 2021/22, according to data security incident trends recorded by the ICO. There were 217 incidents reported, 208 of which were non-cyber while just 9 were cyber. 

Our advisors can offer free legal advice and you won’t be obligated to use our services afterwards. They may also connect you to a solicitor from our panel, but only if you have a legitimate claim. Get in touch for more information.

How Long Do I Have To Claim Data Breach Compensation?

The Limitation Act 1980 sets out the time limits for making a city council data breach claim. Typically, you have up to 6 years to begin a claim. 

Time limits may vary depending on the circumstances of your case. As a result, you may be left unsure whether you are within your rights to claim. We can help you determine the time limit of your case, completely free of charge. 

Could I Have A No Win No Fee Lawyer?

A No Win No Fee arrangement is a way of funding legal representation without the risk of an upfront solicitor’s fee. Through this arrangement, you’ll agree on the costs with your lawyer before legal proceedings begin. Therefore, you’ll know what to expect to pay if the claim is settled. Furthermore, you won’t pay the solicitor’s fee at all if your claim is unsuccessful. 

Get Advice On How To Claim Compensation For A City Council Data Breach

Our panel of solicitors may offer their services on a No Win No Fee basis, but only if you have a valid city council data breach claim. Our advisors can offer a free consultation to clarify if your claim is legit and how much your claim could be worth. You can scroll to the top of this page and fill out a form to request a callback. Otherwise, you can:

Further Guidance On City Council Data Breach Claims

We are now coming to the end of this guide on city council data breach claims. Here are some additional resources for you to use.

Make a complaint – Complain to the ICO if you have been a victim of a data breach.

Feelings, symptoms and behaviours – NHS guidance on feelings and symptoms that affect your mental health.

How to claim Statutory Sick Pay (SSP) – Check your eligibility for SSP with help from the government. 

That concludes our guide on making a city council data breach claim. We hope you have found this article useful and feel confident to take legal action.

 Writer Lewis Julius

Publisher Ruth Vernon