The distress and inconvenience that can result from a sensitive data breach can be significant. When you have suffered due to the exposure of your personal data, it can be difficult to know where to turn for help and guidance, especially when it comes to making a claim for compensation. That’s why we’ve created this in-depth guide to help individuals who have been affected by a sensitive data breach answer the questions of ‘What is classed as sensitive data, and can you claim if it’s exposed?’
In this guide, we’ll be exploring what is classed as sensitive data, and how a breach can result in a compensation claim. We’ll also be discussing the process of making a No Win No Fee claim, what you can claim compensation for, and how to calculate the compensation you may be entitled to. We’ll cover all the factors that can affect your claim, and provide tips on how to maximise your chances of success.
It’s important to note that there are laws in place to protect individuals from data breaches. In the UK, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 outline the responsibilities of organisations in protecting personal data. If an organisation fails to protect personal data, they may be liable for a compensation claim.
If you’ve been affected by a sensitive data breach, it’s important to know your rights and seek legal advice. By reading this guide, you’ll have a better understanding of the process and what you may be entitled to. Don’t hesitate to call an advisor to ask questions or begin a claim.
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What Is A Sensitive Data Breach?
In simple terms, it’s when personal information is accessed or exposed without authorisation. But what exactly counts as sensitive data? According to the Information Commissioner’s Office (ICO), sensitive data is any information that reveals an individual’s racial or ethnic origin, political opinions, religious beliefs, trade union membership, health information, sexual orientation, or criminal record. It’s also worth noting that financial information, such as bank account or credit card details, is considered sensitive data.
To make a claim for compensation for a sensitive data breach, it’s important to understand what constitutes a breach. You can only claim if wrongful action by a data controller has exposed your data and caused you harm. This harm can include financial loss, emotional distress, or damage to your reputation.
Sensitive data breaches can happen in many different ways. For example, a healthcare provider could accidentally send medical records to the wrong patient, or an organisation could fall victim to a cyber attack and have financial data stolen. Another hypothetical example is a political party exposing the political beliefs of its members or a charity accidentally revealing the personal details of its donors.
What Is The Impact Of A Sensitive Data Breach?
The impact of sensitive data breaches can be devastating for individuals. Medical data breaches, for example, could result in sensitive health information being made public, potentially leading to discrimination or embarrassment. Financial data breaches could result in identity theft or fraud, causing financial loss and stress. Political beliefs data breaches could lead to discrimination or harassment. Criminal records being exposed could result in difficulties getting a job or even persecution.
Organisations can also suffer from sensitive data breaches, with potential fines and reputational damage. However, it’s important to remember that individuals are the ones most personally affected by these breaches. If you’ve been affected by a sensitive data breach, it’s important to seek legal advice to understand your options for claiming compensation.
Factors That Can Impact A Data Breach Claim
When making a compensation claim for a sensitive data breach, there are several factors that can affect the outcome of your claim. The type of data that has been breached and the organisation’s response can be crucial in determining the success of your claim. For example, if the organisation was aware of the breach but failed to take appropriate action, this could strengthen your case.
One of the most important factors in a compensation claim is providing evidence to support your claim. Evidence such as emails, letters, and screenshots can help demonstrate the extent of the breach and the harm it has caused you. It’s important to keep any evidence you have, as this can be crucial in building a strong case.
It’s also worth noting that there are limitation periods for data breach claims. In the UK, the limitation period for data breach claims is generally six years. This means that you must make your claim within six years of the breach occurring, or within six years of the date you became aware of the breach.
To maximise your chances of success, it’s important to seek legal advice from a data breach solicitor. A solicitor can guide you through the claims process and help you understand your legal rights. They can also provide expert advice on how to strengthen your case and maximise your compensation.
What Compensation Could I Claim For Exposure Of What Is Classed As Sensitive Data?
If you’ve been a victim of a sensitive data breach, you may be wondering what losses you can claim compensation for. In general, you can claim compensation for any financial or emotional losses that have resulted from the breach.
This could include expenses such as medical bills, therapy costs, and travel expenses related to the breach. You can also claim for any loss of earnings or future earning potential, as well as any damage to your credit score or reputation.
The amount of compensation you can receive will depend on several factors, including the severity of the breach and the extent of the harm caused. Compensation is typically calculated based on the losses you have suffered, as well as any additional damages such as distress and inconvenience.
It’s important to keep records and receipts for any expenses related to the breach. This can help support your claim and ensure that you receive the compensation you deserve. Your solicitor can advise you on what expenses you can claim for and how to keep accurate records.
We have created a guide on how much compensation could be appropriate for your claim. It could provide useful insight to you. Or you could call one of our advisors to ask questions about the compensation you can claim.
Can I Make A No Win No Fee Claim For a Breach Of What Is Classed As Sensitive Data?
If you have been a victim of a sensitive data breach, you may be entitled to compensation, but you may be worried about the cost of legal fees. A No Win No Fee agreement could be the solution. This type of agreement is known as a Conditional Fee Agreement (CFA), and it means that you won’t have to pay any for a solicitor to work on your case upfront. Instead, you only pay if your claim is successful.
Under the Conditional Fee Agreements Order 2013, your solicitor can claim a success fee, which is a percentage of your compensation. This fee can only be claimed if your claim is successful, and it is capped at 25% of the compensation awarded.
To make a No Win No Fee claim, you’ll need to find a solicitor who will take on your case under this type of agreement. The best way to find a solicitor is by calling an advisor for a free case assessment. An advisor can help you assess your eligibility to claim and connect you with a data breach solicitor from our panel who specialises in this area.
Making a No Win No Fee claim means that you can get legal help without worrying about the upfront cost. It also means that your solicitor has a vested interest in winning your case, as they only get paid if you receive compensation.
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Further Insight Into What Is Classed As Sensitive Data?
Finally, now we’ve answered questions surrounding what is classed as sensitive data, we’ll provide some further links which you might find useful.
Information Commissioner’s Office (ICO) – The UK’s independent authority on data protection provides guidance on sensitive personal data and how to comply with data protection law.
NHS – Information on how the NHS protects patient confidentiality and what to do in case of a data breach.
Mind – A UK mental health charity that offers information and support for people who experience stress and distress following a data breach.
What Is The Maximum Financial Penalty For A Company Breaking The GDPR In The UK? – Learn about penalties companies can face if they breach the GDPR in the UK in this guide.
What Is The Difference Between A Data Breach And A Data Protection Breach? – Learn about the differences between different types of breaches, and how to claim compensation.
My Medical Records Have Been Stolen – Could I Claim Compensation? – Learn whether you could claim compensation for a breach of your medical records.