Data Protection Breach Compensation Claims

Public bodies collect a significant amount of sensitive information about people and have a duty to use and store this data responsibly. If you have suffered financially or emotionally due to a public body mishandling your personal information, you may be able to make a data protection compensation claim.

You have the right for your personal information to be kept private and organisations can cause serious damage if they allow your data to get into the public domain. There can also be severe consequences if incorrect data is stored about you – incorrect medical records could prevent vital treatment and mistaken criminal history records could destroy your employment prospects.

The Data Protection Act and Human Rights Act set out rules to protect you and your personal data. However, public bodies such as the NHS, police and Local Authorities sometimes breach these rules put you at risk by:

Storing inaccurate or out-of-date information
Holding data longer than necessary
Making confidential data public
Failing to secure data from hackers or thieves
Using data outside its stated purpose

Your rights are infringed when a public body commits any of these errors. Our data protection solicitors are experienced in enforcing data corrections and removals when public bodies have made mistakes.

Data breaches can and do cause serious and lasting damage. We can ensure that mistakes are put right, private information stays private and that compensation is received for financial damage and emotional distress.

Call us on 0800 028 1943 or get in touch online for a free initial consultation with one of our team.

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Frequently Asked Questions

What is the Data Protection Act 1998?

The Data Protection Act sets rules about how organisations, businesses and the government can use your personal information.

These rules are called the ‘data protection principles’. Anyone using or storing personal data must make sure that the information is:

Recorded accurately and kept up-to-date
Used fairly and lawfully
Used for limited, specifically stated purposes
Only used in a way that is necessary or relevant to the stated purposes
Only kept as long as necessary for the stated purposes
Handled according to people’s data protection rights
Kept safe and secure
Not transferred outside the European Economic Area without adequate protection

The act provides stronger legal protection for more sensitive information such as:

Ethnic background
Political opinions
Religious beliefs
Health
Criminal records

If you believe that your personal data has not been handled in accordance with the Data Protection Act, our solicitors may be able to help you correct mistakes or make a compensation claim for damage caused. Call us today on 0800 028 1943 to find our more.

What Is A Data Breach?

A data breach is any time your data that your personal information is accidentally or unlawfully destroyed, lost, altered, disclosed, or accessed while being held, transferred or processed. Breaches can happen for a number of reasons, including:

Accidental alterations or deletions by authorised individuals within an organisation
Access by unauthorised individuals within the organisation
Access by malicious third parties, such as hackers
Technical malfunctions

Data-handling organisations have a responsibility to prevent data breaches from happening. They are obliged to notify the Information Commissioner’s Office whenever a breach happens and keep records of every breach in a breach log. They must also notify the people whose data they handle if the breach could adversely affect their personal data or privacy.

If a breach occurs, the organisation should contact you with:

Their name and contact details
The estimated date of the breach
A summary of the incident
The nature and content of the personal data affected
The likely effects for you
Any measures they have taken to address the breach
How you can mitigate the impact for yourself

If you have suffered due to a data breach and the organisation does not follow these procedures correctly, our lawyers may be able to help you put it right. Contact us online to speak to one of our expert team today.

How Can I Find Out What Data A Company Has About Me?

You have the right under the Data Protection Act to find out what information any organisation or public body stores about you. Any organisation is legally required to give you a copy of any data they hold about you if you request it.

To make a request, all you have to do is write to the organisation and ask for a copy of your data. You can address your letter to the company secretary if you don’t know who exactly to write to.

Some organisations might charge you for providing the information. The charge is usually £10 or less but can be more if the request involves health or education records.

Organisations are allowed to withhold information in some instances if the information is involved with:

Criminal investigations
National security
Tax assessment or collection
Judicial or ministerial appointments

In all other cases, it is a breach of your rights if an organisation fails or refuses to comply with your request. Our data protection solicitors can help you access the information that you are entitled to see. We can also help if the information you receive from them is incorrect or has been held unlawfully.

Call us today on 0800 028 1943 for more information.

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Data Protection Breach Compensation Claims

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