Understanding the intricacies of data breaches is essential in today’s digital landscape. One question that often arises is ‘Can a data breach be verbal?’ and, if so, can you claim compensation. When your personal information is involved in a security incident, such as being lost, stolen, altered, destroyed, accessed, or disclosed either accidentally or intentionally, it can cause harm, and give rise to a personal data breach claim. In this comprehensive guide, we aim to shed light on the eligibility criteria for making compensation claims in cases of verbal disclosure data breaches.
Each data breach claim is unique, and while we strive to address as many questions as possible in this guide, we understand that you may have specific concerns that require personalised attention. Our dedicated claim advisors are here to assist you. Feel free to contact them:
We can give expert answers tailored to your situation.
What Is A Verbal Data Breach?
it’s important to recognise that not all types of data and information are equally safeguarded. Specific safeguards are applied to identifiable information and special category data, whether it is processed digitally or physically. This means that certain circumstances might arise where disclosed information lacks the protection provided by data security laws. However, it’s crucial to note that all processed personal data is protected.
A verbal data breach occurs when an individual with access to your data shares it with an unauthorised party. Such breaches often stem from simple mistakes and human error, as staff members may not fully grasp the implications of verbally disclosing your personal information as a data-related security issue.
To determine eligibility for verbal disclosure data breach claims, the following criteria should be considered:
- Was the verbally disclosed personal data processed?
- Did the parties responsible for safeguarding the information fail in their duties? Did they act wrongfully?
- Did you experience mental or financial distress as a result – this can include loss of privacy?
Therefore, it might be best to check whether you could have a valid claim. Our data breach experts could help to advise you on this. Additionally, they could connect eligible claimants with a No Win No Fee solicitor to handle their claims.
Data Protection Laws For UK Data Subjects
In the United Kingdom, several laws govern data privacy and security. These include the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The Information Commissioner’s Office (ICO) is responsible for overseeing compliance with these data regulations.
These data security laws aim to grant individuals, as data subjects, greater control over how their personal information is processed. They also impose strict rules on organisations, known as data controllers, that handle personal data. If these laws are violated and you suffer a data breach that compromises your personal information, you may be eligible to make a claim by demonstrating the resulting harm you endured.
Navigating the intricacies of verbal data breaches and understanding your rights within the framework of data protection legislation is paramount. An advisor would be happy to discuss your case to check whether you could be eligible for compensation.
What Data Should Be Protected?
In the United Kingdom, legal protection is extended only to what is defined as personal or special data. Personal data encompasses crucial information like your name, address, date of birth, phone number, email address, and more. Additionally, it includes sensitive financial details such as bank account numbers, sort codes, as well as credit or debit card information. On the other hand, special data refers to information concerning your religion, ethnic origin, trade union or political party membership, genome data, and other similar sensitive details.
The law ensures that these categories of data receive specific safeguards to uphold your privacy and security. By recognising the scope of protected data, you can better understand the rights and measures in place to safeguard your personal and sensitive information in the UK.
Verbal Data Case Study – Can A Data Breach Be Verbal?
A notable case in the High Court took place in 2020, involving verbal disclosure by LGBT Foundation Limited. The claimant alleged that his personal data had been breached when LGBT Foundation disclosed information to his doctor.
However, the court dismissed the claim, stating that since the data had not been stored or processed, it did not fall under the purview of data security and privacy laws. It became apparent that, in order to make a valid claim for verbal disclosure, the disclosed information must have undergone some form of processing.
Making A Claim For A Data Breach – General Information
Initiating a personal data breach claim for verbal data breaches requires gathering substantial evidence to support your case. As mentioned earlier, specific criteria must be met for a valid claim. Below, we outline steps you can take to strengthen your claim:
- Contact the organisation or data controller responsible for the data breach. Inquire about the occurrence of a data breach and request information regarding the extent of impact on your data. All communication exchanged can serve as evidence, demonstrating the existence of a data breach, how it transpired, and which data was involved.
- Report the data breach to the Information Commissioner’s Office (ICO) within three months of your last communication with the involved third party regarding the breach. While the ICO does not provide compensation directly, their investigation into the data breach can yield findings that serve as valuable evidence in your case.
For expert advice, a complimentary case assessment, and guidance without any obligation to proceed with a claim, we encourage you to contact our experienced advisors today.
Calculating Compensation for a Verbal Data Breach – Understanding Damages
Determining a precise average for data breach compensation in cases of verbal disclosure is challenging due to the unique nature of each claim.
To provide some insight into potential compensation ranges, we have compiled the following information. These figures are based on various levels of psychological harm and are derived from the guidelines established by the Judicial College. It’s worth noting that these guidelines could serve as a rough reference for the legal system in assessing damages.
- Severe psychological damage: £54,830 to £115,730
- Moderately severe psychological damage: £19,070 to £54,830
- Moderate psychological damage: £5,860 to £19,070
- Less severe psychological damage: £1,540 to £5,860
Please keep in mind that the figures presented are for illustrative purposes only. The actual compensation awarded in a verbal data breach case will depend on numerous factors, including the severity of the breach, the impact on the individual, and any accompanying financial losses.
For a more accurate assessment of potential damages in your specific case, it is advisable to consult with legal professionals experienced in data breach claims. They can evaluate the unique circumstances of your situation and provide tailored guidance regarding compensation calculations.
Click Here to Learn More About Claiming Data Breach Compensation Under A No Win No Fee Agreement
Our advisors could help you find out if you could potentially make a data breach claim under a No Win No Fee arrangement. With this agreement, you won’t have to pay any upfront fees to your solicitor. They will only charge a success fee once your claim has been successfully processed. In the event that your claim is unsuccessful, you will not be required to pay them. However, if your solicitor secures a successful outcome for you, they may request a small success fee in accordance with legal limitations.
Should you have any further questions regarding making a claim for a verbal data breach, our team is ready to assist you. Feel free to contact us using the information provided below. Our dedicated professionals will address your queries, provide additional information, and guide you through the process of initiating a claim as efficiently as possible.
Why not get in touch to begin your claim today?
Further Insight Into ‘Can A Data Breach Be Verbal?’
Below, we have included some useful links for further reading material relating to this subject. We hope you find them useful.
Can My Employer Give Out Personal Information Without My Consent And Can I Claim Compensation? – Firstly, you can learn more about employers who breach data privacy.
What Is Classed As Sensitive Data And Can You Claim If It’s Exposed? – Details of sensitive data breach claims can be found in this guide.
What Is The Maximum Financial Penalty For A Company Breaking The GDPR In The UK? – This guide explains the financial penalties companies could face if they were to breach the UK GDPR.
Information Commissioner’s Office (ICO) – The official regulatory body for data protection and privacy in the UK. Their website provides comprehensive information on data breaches, rights, and making complaints.
UK Government – Data Protection and Freedom of Information – The government’s webpage dedicated to data protection and freedom of information, covering various aspects including data breaches and your rights.
National Cyber Security Centre (NCSC) – Part of the UK government, the NCSC provides guidance and resources on cybersecurity, including information on data breaches and incident response.