Sexual abuse data breach claims guide
This guide will explain what you can do if a sexual abuse data breach has harmed you. Sexual abuse can be one of the most traumatic things a person can experience. If you are a survivor of sexual abuse or assault, counsellors and social services may have helped you come to terms with your ordeal. On the other hand, the police may have investigated the incident and helped to bring the perpetrator to justice.
The above organisations may process personal data relating to the incident of abuse. Or a separate party known as a data processor may manage the data. So, if a data controller or processor breaches information belonging to a survivor of sexual abuse, it may be liable for any harm caused. Such as emotional distress or psychological injuries.
Can You Claim For A Sexual Abuse Data Breach?
Please contact Advice.co.uk to see if you can claim compensation for a sexual abuse data breach. If you meet the requirements, one of the data protection solicitors from our panel may be able to manage your claim.
To get in touch, you can:
- Call our helpline on 0161 696 9685
- Message us via our website
- Use the chat feature below to speak with an advisor online
Select A Section
- What Is A Sexual Abuse Data Breach?
- What Constitutes A Breach Of Data Protection?
- How Serious Is A Breach Of Data Protection?
- Do You Have The Right To Make A Claim?
- What Is The Average Payout For A Claim?
- No Win No Fee Agreements For Sexual Abuse Data Breach Claims
What Is A Sexual Abuse Data Breach?
Personal data is processed information that can be used to identify you, alone or combined with other information. A sexual abuse data breach can occur if the party processing the data breaches data protection law, resulting in a security incident in which the data is exposed. A data breach will impact how confidential or available personal data is or affect its integrity.
Under the UK General Data Protection Regulation and the Data Protection Act 2018, data controllers or processors must protect the personal data they use. For example, they need to adhere to the seven key principles of data protection. They also need to ensure that personal data is not shared without a lawful basis.
If your personal data has been exposed in a breach, this is not a sufficient basis for a claim. You need to show that it was caused by the failings of the organisation in control of the data. You’ll be unable to claim if a breach occurred despite them following data protection law.
Furthermore, you need to be able to demonstrate that you were harmed by the data breach in order to claim. We’ll look later on at the ways a data breach could affect a data subject.
If you have been harmed by a data breach resulting from the wrongful conduct of a party in control of your personal data, then you could be entitled to claim. Please get in touch with us for an assessment of your case.
Sexual Abuse Data Breach Examples
The following organisations could potentially be responsible for a breach of sexual abuse data:
- Social services
- A healthcare provider
- The police
- A charity, for example, a sexual abuse or domestic abuse charity
- Counselling service or psychiatrist
Below, we have included some examples of how a sexual abuse data breach could take place:
- Your psychologist sends a text message including personal data relating to your next appointment. However, they send it to the wrong person, and the recipient doesn’t have the authorisation to view this information. This has an impact on your mental health.
- The police take a statement about your assault. This statement is taken out of the office by a staff member, and these files were then lost in a public place. You’re caused distress by this.
- A charity staff member emails several people who have used this service. However, they fail to fill in the BCC field. This means that all the recipients of the email are able to see each other’s email addresses.
For guidance on whether you could be entitled to claim compensation, speak with a member of our team today.
What Are The Effects Of A Breach Of Data Protection?
A personal data breach can impact the person who the data relates in a number of ways. The living person to whom personal data relates is called the data subject.
Below, we have included some general examples of the harm a data breach could cause:
- A credit card data breach could mean that someone is able to steal money from your bank account or apply for loans in your name, damaging your credit score.
- Your employer could breach your sickness information. This accidental data breach could result in distress and embarrassment.
- The personal data of a witness could be included in a data breach. This could mean that the data subject then fears retaliation from the person who committed the crime.
- If the psychological injuries caused by a breach mean that the subject needs to take time off work, this could result in a loss of earnings.
Breaching a sexual abuse survivor’s data can also compromise their personal security. For example, if a data breach reveals information about a victim’s address, the victim’s former abuser can locate them and target them.
What Is The Average Payout For A Claim?
If you make a successful data breach claim, your compensation settlement can include compensation for material damage (the financial impact of a breach). In addition, you can receive compensation for non-material damage (the emotional distress or psychiatric injuries you experienced because your data was breached).
Please consult our compensation table to see how much your claim could be worth. The table includes guideline compensation brackets for non-material damage. The compensation payment amounts are based on the 16th edition of the Judicial College Guidelines, updated in 2022.
| Impact On Mental Health | Severity | Payout | Notes On This Harm |
|---|---|---|---|
| Mental Harm | Severe | £54,830 to £115,730 | Marked problems with all aspects of life. Poor prospect of recovery. |
| Moderately Severe | £19,070 to £54,830 | Significant problems with all aspects of life. More optimistic prognosis than in serious cases. | |
| Moderate | £5,860 to £19,070 | Marked improvement of condition and good prospect of recovery. | |
| Less Severe | £1,540 to £5,860 | Award will consider length of suffering and extent of disability. | |
| Anxiety Disorder (Following Trauma) | Severe | £59,860 to £100,670 | Following the trauma, the person is not able to function as this did before and all parts of their life are impacted. |
| Moderately Severe | £23,150 to £59,860 | Professional help could entail some degree of recovery. | |
| Moderate | £8,180 to £23,150 | Symptoms which are not seen as grossly disabling. Largely full recovery made. | |
| Less Severe | £3.950 to £8,180 | Minor symptoms might persist. Largely, the individual has recovered. |
In order to claim for material damage, you will need evidence of the financial impact of the breach. For example, this could include bank statements or a copy of your credit report.
The compensation guidelines do not represent a guaranteed amount of compensation you will receive. Please call us today to speak to an advisor who can accurately estimate how much compensation you can claim.
No Win No Fee Agreements For Sexual Abuse Data Breach Claims
If you meet the criteria to make a data breach claim, a solicitor from our panel may be able to work on your claim. Moreover, the solicitor could represent you on a No Win No Fee basis.
This means that:
- You won’t be charged a solicitors fee upfront or as they work on your case.
- If your claim fails, then you won’t pay your lawyer for the services they have provided.
- If you’re successful, your lawyer will deduct a success fee from your settlement.
Please contact us to see if you could be connected with a No Win No Fee solicitor for a data breach that caused you harm.
- Call 0161 696 9685 to speak with a claims specialist
- Message us to ask for a callback
- Web chat with an advisor using the box at the corner of your screen
Resources
We have included guides about claiming compensation for a data breach. Moreover, we have included information about sexual abuse and where to get help if you have experienced abuse.
Family Data Breach Compensation – Can I Claim For Breach Of UK GDPR?
My Medical Records Were Lost By A Solicitor – When Could You Claim Compensation?
Claiming For A Wrong Postal Address Data Breach
Guidance from the Information Commissioner’s Office (ICO) on special category data.
Information from the ICO on your right of access.
A government guide to your data subject rights.
We appreciate you reading our guide to claiming compensation for a sexual abuse data breach.
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Published by NS