If you’ve received an email from a company that wasn’t intended for you, or a company has emailed you to say your data may have been sent to someone else in error, it could be a sign of a wrong email address data breach. In such a scenario, your personal data may have been exposed to someone else, which could cause significant financial or emotional harm.
Should you believe that your personal data has been exposed in a wrong email address data breach, you could be eligible to make a data breach compensation claim.
That’s why we’ve created this guide to help you understand your rights and options. Our guide will explain what a wrong email address data breach is, what damages you could claim, and how long you might have to make a data breach claim. Additionally, we’ll cover how we can help you make a No Win No Fee data breach claim and the benefits of working with a data breach solicitor.
We aim to provide you with the knowledge and support you need to pursue a claim if you’ve suffered harm due to a wrong email address data breach. Contact us to find out how we can help you make a successful claim for data breach compensation.
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What Is A Wrong Email Address Data Breach?
A wrong email address data breach occurs when an organisation sends personal data to the wrong email address, resulting in the exposure of personal information that was meant to be kept confidential. Under the Data Protection Act 2018 and the UK GDPR, organisations have a legal responsibility to protect personal data and prevent unauthorised access, disclosure or misuse.
There are several ways in which a wrong email address data breach can occur, including human error, technical issues, or malicious actions such as hacking. For instance, an employee may accidentally send an email containing sensitive information to the wrong recipient. Furthermore, a cybercriminal could intercept an email containing personal data and use it for fraudulent activities.
The consequences of a wrong email address data breach can be severe, potentially causing significant emotional and financial damage. The exposed personal data could include sensitive information such as names, addresses, phone numbers, and even financial details. Unfortunately, this data can be used for identity theft, fraud, or other malicious purposes.
If you’ve been a victim of a wrong email address data breach, you may be entitled to compensation for the harm you’ve suffered. It’s crucial to understand your rights and options to hold the responsible party accountable and obtain the compensation you deserve.
How Long Do I Have To Claim For A Wrong Email Address Data Breach?
Under the Limitation Act 1980, you typically have six years from the date of the wrong email address data breach to make a claim for compensation. However, in some cases, the time limit may be shorter or longer depending on the specific circumstances of your case. It’s important to seek legal advice as soon as possible to ensure that you don’t miss the deadline for making a claim. Delaying your claim may result in losing the opportunity to receive compensation for the harm caused by the wrong email address data breach.
Am I Eligible To Claim For An Wrong Email Address Data Breach?
If an organisation has wrongfully exposed your personal data through an email data breach, you may be eligible to make a compensation claim. To be eligible, the organisation must have acted wrongfully by wrongfully breaching its legal responsibilities under the Data Protection Act 2018 and the UK GDPR. This could include sharing your personal data with unauthorised third parties, using an incorrect email address or failing to take appropriate measures to secure your personal data.
In addition, you must have suffered some kind of harm as a result of the email data breach. This could include financial loss, emotional distress after a data breach, or damage to your reputation.
To make a successful email data breach compensation claim, you will need to provide evidence of the harm you have suffered and the impact it has had on your life. This may include financial records, medical records, and other supporting documents.
Data breach solicitors from our panel can help you gather the evidence you need to support your claim and negotiate a settlement on your behalf.
Email Data Breach – ICO Action
The UK’s Information Commissioner’s Office (ICO) warned organisations to review their bulk email practices after a breach of data protection law led to a fine of £10,000 for HIV Scotland.
The incident in February 2020 involved the charity sending an email to 105 people, which included patient advocates representing those living in Scotland with HIV. All email addresses were visible to all recipients, and 65 of the addresses identified individuals by name. From the personal data disclosed, an assumption could be made about an individual’s HIV status or risk.
An investigation by the ICO found shortcomings in the charity’s email procedures, including inadequate staff training, incorrect methods of sending bulk emails by blind carbon copy (bcc), and an inadequate data protection policy. Despite the charity’s recognition of the risks in its email distribution, and the procurement of a system that enables bulk messages to be sent more securely, it continued to use the less secure bcc method seven months later.
What Damages Could I Claim After A Wrong Email Address Data Breach?
If you have suffered harm as a result of a wrong email address data breach, you may be eligible to claim compensation for both material (financial) damage and also for non-material damages, which could include psychological harm.
The amount of compensation you could receive will depend on the nature and extent of the harm you have suffered. The Judicial College Guidelines provide a framework for determining the appropriate level of compensation based on the severity of the psychological harm caused.
Levels Of Compensation
For severe psychological injury resulting from a wrong email address data breach, compensation can range from £54,830 to £115,730. This would typically be awarded in cases where the victim has suffered long-term or permanent damage. This could include the inability to work, complete loss of self-esteem, and significant damage to personal relationships.
For moderately severe psychological injury, the compensation range is £19,070 to £54,830. This level of compensation would be awarded for cases where the victim has experienced a significant impact on their ability to work or socialise. Additionally, they may have required ongoing treatment or therapy.
For moderate psychological injury, compensation can range from £5,860 to £19,070. This level of compensation would be awarded for cases where the victim has experienced some ongoing psychological symptoms. However, they are expected to recover fully.
For less severe psychological injury, the compensation range is £1,540 to £5,860. This level of compensation would typically be awarded for cases where the victim has experienced some short-term psychological symptoms, such as anxiety or depression, but has made a full recovery.
It is important to note that these compensation figures are only guidelines. The actual amount of compensation you could receive will depend on the specific circumstances of your case. A data breach solicitor can help you determine what damages you may be entitled to. Furthermore, they could assist you in making a claim.
No Win No Fee Data Breach Claims – Start A Claim Today
If you’ve been harmed due to a wrong email address data breach that exposed your data, you may be entitled to compensation. However, navigating the claims process can be complex, and it’s often wise to seek the assistance of a data breach solicitor.
An advisor from our team can connect you with one of our panel of solicitors who specialise in data breach claims. They can guide you through the claims process, gather evidence to support your claim, and negotiate with the company’s insurers on your behalf.
If you’re concerned about the cost of pursuing a claim, you’ll be pleased to know that our panel of solicitors work on a No Win No Fee basis, in accordance with the Conditional Fee Agreements Order 2013. This means that typically, you won’t have to pay any upfront fees to pursue your claim, and if your claim is unsuccessful, you won’t be responsible for paying your solicitor for their work.
Under a No Win No Fee agreement, a solicitor will only be paid if your claim is successful. Furthermore, if you win your case, legal fees will be paid as a capped percentage of your compensation. This means that you can pursue your claim without worrying about financial risk.
Whether the company that misused your personal data was a credit card company, employer, clothing company or another party, our panel of solicitors can take on your claim under a Conditional Fee Agreement.
Contact us today to speak with an advisor and find out how we can help you pursue your claim.
Further Insight Into Wrong Email Address Data Breach Claims
Finally, we have provided some further reading that you may find useful.
Charity Data Breach Claims – Firstly, you can find out here how to claim for a charity data breach.
E-Commerce Data Breach Claims – Additonally, you can find out if you could claim for an e-commerce data breach here.
Data Breach FAQs – Here, you’ll find further insight into data breach claims.
Action Taken – Learn more about action taken by the Information Commissioner’s Office.
Personal Data Breach Examples – You’ll be able to find examples of different data breaches here.
NCSC Guidance – Finally, find guidance on data protection at the National Cyber Security Centre’s website.