In this guide, we discuss when you could claim data breach compensation following a personal trainer data breach if the incident caused your personal data to become compromised and resulted in you suffering emotionally and/or financially. We’ll also provide information about the relevant data protection laws throughout the guide and offer examples of how a breach of these could lead to your personal data being affected.
You’ll also find information about how compensation is calculated in successful data breach claims and what evidence could help to support your case.
Finally, you’ll learn how one of the data breach solicitors from our panel could assist you via a No Win No Fee service.
If you have any other questions about data breach compensation claims, please contact our team of advisors for free. To get in touch, you can:
- Call 0161 696 9685 to speak to us.
- Complete our “Contact Us” form.
- Seek advice via our live chat service.
Select A Section
- How Much Compensation For A Personal Trainer Data Breach?
- Claiming For A Personal Trainer Data Breach
- What Could Lead To A Data Breach From A Personal Trainer?
- What Could You Do To Make A Data Breach Claim?
- Make A Data Breach Claim On A No Win No Fee Basis
- Read More About Claiming For A Personal Trainer Data Breach
It’s important to note that data breach claim values vary from case to case. There is not a fixed settlement amount as each case is assessed based on the claimant’s individual circumstances.
If your claim is successful, you could be awarded compensation for two types of damage. The first is non-material damage which refers to the psychological harm caused by the personal data breach, such as distress, anxiety and stress due to a data breach, or post-traumatic stress disorder (PTSD) in more serious cases.
When valuing non-material damage, reference can be made to the Judicial College Guidelines (JCG), a document that contains a list of different injuries along with associated compensation brackets.
While our compensation table below uses figures from the JCG, you should use the figures displayed for reference only. That’s because the amounts are not guaranteed and compensation awarded in a successful personal trainer data breach claim will vary from case to case.
Also, please note the first entry is not from the JCG.
|Type Of Harm
|Guideline Compensation Brackets
|General Psychiatric Damage
|£54,830 – £115,730
|Marked problems with coping with life and work and personal relationships with a very poor prognosis.
|£19,070 – £54,830
|Significant problems across different areas of the person’s life but with a more optimistic prognosis than the bracket above.
|£5,860 – £19,070
|A good prognosis with marked improvements.
|£1,540 – £5,860
|The award given is based on how long the claimant suffered and how long daily activities such as sleeping were affected.
|Post-Traumatic Stress Disorder (PTSD)
|£59,860 – £100,670
|All aspects of life are badly and permanently affected and the person cannot function at a pre-trauma level.
|£23,150 – £59,860
|Effects are still likely to cause a significant disability for the foreseeable future but the person will have a better prognosis and shown some recovery due to receiving professional help.
|£8,180 – £23,150
|Ongoing symptoms will not be grossly disabling and the claimant will have largely recovered.
|£3,950 – £8,180
|Almost a complete recovery in around 1 to 2 years with minor symptoms persisting over a longer period.
Material Damage In Data Breach Claims
You could also receive compensation for material damage. This refers to any financial losses caused by the data breach. For example:
- Loss of income incurred from time taken off work to recover from the breach of your personal data.
- Money stolen from your bank account after your credit or debit card details were affected in a breach.
Keep hold of any documentation that proves the financial losses you experienced, such as payslips, bank statements, and credit reports.
If you’d like to check what you could be compensated for following a personal trainer data breach, why not call our team today?
In law, certain parties have a legal obligation to protect your personal data, which is information that can be used to identify you. This obligation is set out by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
The parties responsible for protecting your personal data are:
- Data controllers – the party that decides when and how your personal data is processed.
- Data processors – the party that processes data for the data controller. In some cases, the data controller may complete this task themselves rather than using a third party.
If either the data controller or the data processor does not follow data protection rules, a personal data breach could occur. The Information Commissioner’s Office (ICO), an independent body responsible for upholding information rights in the UK, defines a personal data breach as a security incident that impacts the availability, integrity or confidentiality of personal data.
If you wish to claim compensation for a personal trainer data breach, you need to show that:
- The data controller or processor failed to protect your personal data in accordance with the DPA and UK GDPR.
- Due to these failings, your personal data was involved in a breach.
- Subsequently, you’ve suffered emotionally and/or financially.
If you would like to discuss your eligibility to make a personal data breach claim, please use the number above to call our team.
Personal trainers may hold different types of personal data, such as your name, email address, phone number, credit and debit card details, and postal address. Additionally, they may hold special category data which is sensitive and requires extra protection. This can include data concerning your health, such as a medical condition that prevents you from doing certain exercises.
Some examples of how a personal trainer data breach could occur include:
- Your personal trainer may leave an unencrypted USB stick containing your personal data on public transport. This could result in sensitive information being accessed by an unauthorised party leading to you suffering stress and anxiety.
- A physical file containing information about your health is left in the gym and unauthorised access is gained causing you distress.
- Your personal trainer sends a receipt for their services to the wrong email address as well as confirmation of your payment details, including your credit or debit card information. As a result, you experience financial loss due to money being stolen from your account.
Please get in touch to discuss your specific case and find out whether you’re eligible to seek compensation for a data breach.
As with any type of compensation claim, you will need to supply evidence to prove how you’ve suffered and who was responsible for the data breach.
Therefore, some of the steps you could take following a personal trainer data breach include:
- Keep hold of any email or letter you receive from your personal trainer about the data breach. By law, you should receive a notification without undue delay if the breach caused your rights or freedoms to be put at risk.
- Write down all of the ways in which you’ve suffered emotionally because of the breach. This could be supported by medical records or a specialist’s report about your suffering.
- Record all expenses or financial losses that are caused by the breach. For example, you could use receipts and bank statements to prove these losses.
In addition, some data breaches will be investigated by the ICO. If that happens, you could use a copy of their report to further support your claim.
A solicitor from our panel could assist you with making a claim for the breach of your personal data. As part of the services they offer, they could help you collect evidence and build a strong case. Read on to learn about the terms under which they could offer their services, or contact our team to potentially be connected with an expert solicitor.
If you have a valid data breach claim, you may wish to instruct a solicitor to manage the case on your behalf. If you decide to work with a solicitor from our panel, they’ll provide a No Win No Fee service by working under a Conditional Fee Agreement (CFA).
When a CFA is used, you can typically expect the following terms:
- No fees for the solicitor’s work need to be paid in advance, during the claim or if the case is lost.
- You pay your solicitor a success fee if you are compensated. This is a deduction from your compensation and the percentage that can be taken is capped by law.
To check if you can be represented by a No Win No Fee solicitor from our panel for your personal trainer data breach claim, you can:
Finally, here are a few more of our data breach claims guides:
- How to claim for a housing association data breach that caused you to suffer.
- Advice on making a hospital data breach claim for financial and/or mental damage.
- Details of when a divorce data breach might be possible.
Also, here are some external links which might be helpful:
- Advice on data breach complaints from the ICO.
- Information about anxiety, fear and panic attacks from the NHS.
- Government information about the rights of data subjects in the UK.
If there’s anything more you’d like to know about personal trainer data breach claims, please call today.