If you have been affected by a counsellor data breach, you may be entitled to compensation for the harm caused. Counsellor data breaches can occur when a service provider mishandles or fails to protect personal data, such as medical records or private conversations with a counsellor. This can have serious consequences for the affected individual, including emotional distress, financial loss, and damage to their reputation.
Our ultimate guide to counsellor data breach compensation claims provides valuable information on the eligibility criteria for making claims in England and Wales. This guide includes details on calculating compensation and provides examples of different types of counsellor data breaches. It also guides you on how to make a No Win No Fee claim with our panel of experienced data breach solicitors.
To be eligible for compensation, you must be able to prove that the counselling services provider acted wrongfully, exposed your data, and caused you harm, either emotionally, financially, or both. Our guide will help you understand the legal requirements for making a claim and provide you with the information you need to pursue a successful data breach compensation claim.
We understand that pursuing a compensation claim can seem daunting, which is why our panel of solicitors offer a No Win No Fee agreement to eligible clients. This means you can pursue a claim without any financial risk, and your solicitor will only receive a fee if your claim is successful. Contact us today to learn more about how we can help you make a counsellor data breach compensation claim.
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Counsellor Data Breach Compensation Claims Am I Eligible To Claim?
Under the Data Protection Act 2018, counsellors and counselling service providers have a legal obligation to protect personal data, including confidential medical records and private conversations with clients. Third-party data controllers, such as software providers and IT service providers, also have a legal responsibility to protect personal data. If they fail to meet these obligations and a data breach occurs, they may be held liable for any harm caused to affected individuals.
To be eligible for counsellor data breach compensation claims, you must be able to prove that the counselling services provider or third-party data controller acted wrongfully, exposed your data, and caused you harm, either emotionally, financially, or both. Examples of harm may include emotional distress caused by the breach of confidential information, financial loss due to identity theft or fraud, or damage to reputation.
Our guide to counsellor data breach compensation claims provides valuable information on the eligibility criteria for making claims in England and Wales. It also provides guidance on how to calculate compensation and gives examples of different types of counsellor data breaches. If you believe you have been affected by a counsellor data breach, contact us today to discuss your case and determine your eligibility for compensation.
How Long Do I Have To Claim For A Counsellor Data Breach?
If you are considering making a counsellor data breach compensation claim, it’s important to be aware of the time limit for doing so. In England and Wales, the Limitation Act 1980 sets out the time limit for most types of personal injury claims, including data breach claims. This means that you would typically have up to six years from the date of the data breach to make a claim. However, some claims have shorter limitation periods. Therefore, it’s important to seek legal advice as soon as possible, as it can take time to gather evidence and build a strong case. If you wait too long, you may miss the deadline for making a claim and lose your right to compensation.
How Could A Counsellor Breach Personal Data?
A counsellor, counselling service provider, or third-party data service provider could wrongfully breach personal data in several ways. For example, they may fail to properly secure electronic records, leave physical records unattended or fail to dispose of them properly, or accidentally send sensitive information to the wrong recipient. They may also intentionally share or sell personal data without the consent of the individual.
The harm that can result from a counsellor data breach can be significant, both emotionally and financially. Victims may experience distress after a data breach, as well as anxiety, stress, and a loss of trust in the counsellor or counselling service provider. They may also suffer reputational harm, particularly if sensitive information about their mental health is disclosed without their consent. In some cases, victims may suffer financial harm if their personal information is used for fraudulent purposes, such as identity theft.
In addition to the emotional and financial harm, a counsellor data breach can also impact a victim’s ability to receive appropriate mental health care. Victims may be hesitant to seek counselling services in the future due to fears that their personal information will be mishandled or disclosed without their consent.
Counselling Data Protection Case – Vastaamo
A data breach occurred in Finland at Vastaamo, the largest network of private mental health providers in the country. The attack was significant, with around 30,000 people receiving ransom demands, and 25,000 reporting the incident to the police. The attack was particularly cruel as the attacker(s) targeted patients like wounded animals. The breach was surprising, as Finland is widely considered a pioneer in digital health, with a highly secure service called Kanta available to every citizen, which allows them to browse their own treatment records and order prescriptions. However, Vastaamo’s system violated cybersecurity principles, as it did not anonymise or encrypt records, leaving patients’ confessions and confidences vulnerable. Despite being a Finnish company, this breach illustrates the devastating impact of data breaches on mental health providers and patients, regardless of location.
How Much Compensation Could I Claim?
Compensation for a counsellor data breach could include damages for material (financial) and non-material harm caused by exposure of your counselling data.
If you have suffered mental harm as a result of a data breach, seeking medical attention is essential. A medical report can prove the extent of your injuries, including anxiety, stress, or post-traumatic stress disorder (PTSD). Our panel of solicitors can also arrange for you to undergo a psychiatric evaluation with an independent medical expert if necessary.
A data breach solicitor can assist you in ensuring that you have the correct evidence to claim for any financial harm caused by the breach too.
To estimate how much compensation you could receive for distress after a data breach, we could use the 16th edition of the Judicial College Guidelines (JCG). This was produced in April 2022. It could help us value injuries based on cases previously settled in court to give you an estimate of what you might claim for non-material damage. Please note that the compensation brackets below are estimates and do not represent the final figure you may receive.
- Severe Post-Traumatic Stress Disorder – £59,860 to £100,670
- Moderately Severe Post-Traumatic Stress Disorder – £23,150 to £59,860
- Moderate Post-Traumatic Stress Disorder – £8,180 to £23,150
- Less Severe Post-Traumatic Stress Disorder – £3,950 to £8,180
Get In Touch To Begin Your No Win No Fee Counsellor Data Breach Claim
If a data breach in counselling has impacted you, you may be entitled to compensation for any harm caused. However, the prospect of pursuing a claim for data breach compensation can be intimidating, particularly if you’re concerned about the cost of legal fees.
One solution is a No Win No Fee agreement, also known as a Conditional Fee Agreement. This type of agreement enables you to make a claim without paying any upfront legal fees. Your solicitor will only receive payment if your claim is successful, and that payment will be taken from your compensation award.
Choosing a No Win No Fee solicitor for your data breach claim removes any financial risk from making a claim. You can pursue justice without worrying about the cost of legal fees, even if your claim is unsuccessful. Better still, the success fee they would take at the end of your claim is capped in accordance with the Conditional Fee Agreements Order 2013.
Our panel of skilled data breach solicitors can assist you in claiming under a No Win No Fee agreement if you meet the eligibility criteria. We can provide expert advice on the strength of your claim, the potential compensation you may receive, and help guide you through the claims process.
If you’re unsure whether you’re eligible for a claim or would like to learn more about how we can assist you, please contact us today. Our friendly team of specialists is available to answer any questions you may have and provide you with the support and guidance you need to pursue a successful data breach claim.
Further Reading On Counsellors And Data Breach Claims
Data Security Incident Statistics – Find out how common data breaches are.
The Information Commissioner’s Office – Learn about the ICO here.
Cyber Security Survey – Learn more about how common data breaches are here.
Medical Data Breach Examples – Find out how people could claim for medical data breaches.
Data Breach Compensation Calculator – Learn more about calculating compensation.
Bank Data Breach – Find out whether you could claim for a financial data breach here.