If you suffer a tax information data breach, you might be looking to seek data breach compensation. In this guide, you’ll find out what evidence could enable you to successfully claim following a personal data breach.
The UK General Data Protection Regulation (UK GDPR) is a key data privacy law that sits alongside the Data Protection Act 2018 (DPA 2018). Both contain provisions that govern how organisations should act when controlling or processing personal data. When organisations breach data protection law and cause a data breach, you might be able to claim data breach compensation.
However, if you make a claim, you must also have suffered mental harm or financial damage because of a data breach. Our advisors are available 24/7 to help you with any queries. Furthermore, if you have a valid claim, they could put you in touch with our panel of data breach solicitors. To get in touch:
- Contact us for more information
- Give us a call on 0800 408 7827
- Request a call back by filling out the form above
Choose A Section
- Guidance On Claiming Compensation After Data Breaches Involving Tax Information
- What Is A Tax Information Data Breach?
- Examples Of A Data Breach Involving Tax Information
- How Much Could I Get For A Tax Information Data Breach?
- What Is A No Win No Fee Solicitor?
- Additional Information About A Tax Information Data Breach
The Information Commissioner’s Office (ICO) is the UK’s independent authority that enforces data protection legislation. If a tax information data breach risks your rights and freedoms, the party that was supposed to be protecting your personal data (data controller or data processor) has to report the breach to the ICO. The ICO can impose fines on companies that breach data protection law. However, they can’t offer you compensation. A solicitor can help you make a claim, but you also have the option of claiming without one.
In order to claim, you need to prove that you suffered psychological harm or financial loss, or both, because of a data breach that your personal data was involved in. A data controller or data processor’s wrongful conduct must also have caused the personal data breach to happen.
A data controller is usually an organisation that decides how and why it needs to use personal data to serve a purpose. It may sometimes use a data processor’s services, which is an organisation that can process personal data on behalf of a data controller.
For a free consultation with no obligation to use our services afterwards, speak to an advisor using our live chat function.
A data breach occurs when a security incident leads to the accidental or unlawful loss, destruction, disclosure, access to, or alteration of personal information.
Personal information is also known as personal data. It is any information that can directly identify you, or be used alongside other data to do so. For instance, your phone number or bank account details are personal information.
However, a tax information data breach claim isn’t always possible. To be eligible for a claim, you must be able to show that:
- A data breach occurred and your personal data was compromised
- A data controller or data processor caused the data breach through wrongful conduct
- You suffered financial harm or a psychological injury as a result
It’s worth noting that you generally have 6 years to begin a claim. Alternatively, if your claim is against a public body, you could just have 1 year to claim. Subsequently, we would recommend that you discuss your options with us as soon as possible.
Not all information relating to your tax will amount to personal information. It would only be personal information if it can be used to identify you. This could include:
- National Insurance number
- Self-assessment tax number
While data security incidents may occur due to cybercrime, such as a phishing scam or a ransomware threat, human error can also cause data breaches. For example:
- Your tax information could be sent to the wrong address, despite your correct postal address being on file
- A device is not properly secured or encrypted allowing your personal data to be lost or stolen
- Your tax information is not redacted in a report published online
2022 Statistics For Data Breaches
In the 4th quarter of 2021/22, there were 1,696 non-cyber security incidents reported to the ICO. There were 476 cyber security incidents. In total, there were 2,172 incidents. This information is taken from data security incident trends across different sectors, as released by the ICO.
To potentially claim for a tax information data breach, you are required to provide evidence to assist your case. Our panel of solicitors is experienced and could aid you in covering all bases of a claim. Get in touch using the contact details above.
Following the Court of Appeal case, Vidal-Hall and Others v Google Inc (2015), it was found that data breach victims can seek compensation for psychological injuries inflicted by a data breach even if they’re not seeking compensation for financial damage too. Therefore, if you suffer from non-material damage as a result of a data breach, for example from psychological injuries such as post-traumatic disorder, you could potentially claim even if you didn’t also suffer financial loss.
Below, we have used the 16th edition of the Judicial College Guidelines (produced in April 2022) to illustrate potential compensation awards for mental injuries. However, please remember the figure below are estimations and not accurate representations of settlement amounts you may receive. For a more accurate estimate, you could call our advisors.
|Severe Psychiatric Damage||£54,830 to £115,730||Treatment is unlikely to improve your symptoms, resulting in your work and life in general suffering.|
|Moderately Severe Psychiatric Damage||£19,070 to £54,830||Although the prognosis is much better than above, your life will have been significantly impacted.|
|Moderate Psychiatric Damage||£5,860 to £19,070||Symptoms will continue, however the prognosis is slightly more optimistic.|
|Less Severe Psychiatric Damage||£1,540 to £5,860||The prognosis is good but regular activities like sleeping are still affected.|
|Severe Post-Traumatic Stress Disorder||£59,860 to £100,670||Symptoms may include nightmares and suicidal thoughts.|
|Moderately Severe Post-Traumatic Stress Disorder||£23,150 to £59,860||Specialist support may help you to an extent, but you’ll still struggle with symptoms.|
|Moderate Post-Traumatic Stress Disorder||£8,180 to £23,150||A recovery is expected although symptoms will continue.|
|Less Severe Post-Traumatic Stress Disorder||£3,950 to £8,180||In two years or less, you will have almost fully recovered.|
Elements Of Material Damage
Material damage relates to any financial damage inflicted because of a tax information data breach. For example, a cyber criminal may use your tax information to commit identity theft. Subsequently, your credit score may suffer if a cyber criminal then makes fraudulent purchases without your knowledge. Therefore keep hold of anything that could prove your material damage, such as bank statements, credit score reports and receipts.
Our panel of solicitors could enable you to get the data breach compensation you deserve. Furthermore, they may offer a more accurate estimation of what you could be owed.
A tax information data breach may leave you out of pocket, particularly if an incident has led to you suffering from financial harm. However, a No Win No Fee solicitor could help you. Simplified, a No Win No Fee agreement is a way to fund legal representation without incurring ongoing solicitor fees.
Furthermore, you’ll pay no solicitor fee upfront. Moreover, only successful claimants pay the solicitor a fee for their services. You won’t pay your solicitor this fee at all if the claim doesn’t win. That’s because that fee is deducted from your compensation, but only at a legally capped percentage. To discuss this percentage, why not get in touch?
Ask About Tax Information Data Breach Claims
Our panel of solicitors may process your personal data breach claim on a No Win No Fee basis, but only if you have a legitimate claim. An advisor can offer you a free consultation to clarify whether you are eligible to make a claim using the services of a solicitor from our panel.
To get in touch, you can:
- Contact us via our website
- Call at any time on 0800 408 7827
- Connect instantly using our live chat feature
Before we conclude our guide, we wanted to share some other resources with you that you may find useful.
Report a breach – How to notify the ICO of a data breach.
Statutory Sick Pay (SSP) – You could be entitled to statutory sick pay if you couldn’t work because of the mental harm the data breach caused.
111 – If you need to, you could get medical help for any mental harm using this NHS service.
We also have some of our own guides that could be helpful:
- An Overview Of Data Breach Compensation
- How Much Could My Data Breach Claim Be Worth?
- How To Use A Data Breach Compensation Calculator
- Payouts For Mortgage Broker Data Breach Claims
- How To Report A Data Breach
- How To Claim For A Medical Conditions Data Breach
- Payouts For Debt And Arrears Data Breach Claims
- Can I Claim Compensation For A Data Breach?
- How To Claim For A Disciplinary Information Data Breach
- Children In Care Data Breach Claims
- A Guide To Police Data Breach Claims
- Trade Union Membership Data Breach Claims
- Credit Score Data Breach Claims
- No Win No Fee Data Breach Claims Explained
- Can I Claim For A Disciplinary Records Data Breach?
- What Is A Data Protection Breach?
- Can I Claim For An Accountant Data Breach?
- Medical Records Data Breach Claims Explained
- NHS Data Breach Compensation Claims Guide
- Could I Claim For A Sexuality Data Breach?
We have now come to the end of our guide on tax information data breach claims. If you feel like it is time for you to take action, we are just one phone call away.
Publisher Ruth Vernon
Writer Lewis Julius