Victim Of Domestic Abuse Data Breach – When Could You Claim Compensation?

A victim of domestic abuse data breach is a security incident that affects the personal data of domestic abuse victims.

Victim of domestic abuse data breach

Victim of domestic abuse data breach claims guide

Organisations that work with victims of domestic abuse, such as social services, charities, or the police, must follow the steps laid out by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) when processing their personal data.

If an organisation fails to comply with this legislation, this could lead to a personal data breach, which can cause significant harm to your mental well-being as well as your financial well-being.

If you are interested in making a personal data breach compensation claim, our advisors can help. They can provide you with free legal advice, and in addition to this, they can tell you if your claim is valid. Read on to learn more, or get in touch to start your claim:

Select A Section

  1. What Is A Victim Of Domestic Abuse Data Breach?
  2. What Is Domestic Abuse Data?
  3. Who Could Your Data Have Been Shared With?
  4. How To Claim For A Victim Of Domestic Abuse Data Breach
  5. Is There An Average Compensation Settlement For A Victim Of Domestic Abuse Data Breach?
  6. Talk To An Expert

What Is A Victim Of Domestic Abuse Data Breach?

A victim of domestic abuse data breach is a security incident that affects the confidentiality, availability, or integrity of a domestic abuse victim’s personal data.

Under the legislation above, data controllers and processors must take certain steps when handling the personal data of UK residents. Data controllers are in charge of deciding how and why your personal data is collected and used. Data processors, on the other hand, process this data on behalf of the controller.

Please call us to see if you are eligible to claim data breach compensation.

What Is Domestic Abuse Data?

Domestic abuse data is personal data relating to domestic abuse. As we mentioned earlier, personal data is any information that could identify you. This can include your:

  • Postal address
  • Email address
  • Phone number
  • Bank account
  • Debit card details
  • Credit card details

Organisations that process domestic abuse data may also have access to your special category data. According to the UK GDPR, special category data needs extra protection because of its sensitive nature. Some examples of special category data that could be processed as a part of a domestic abuse case can include your:

  • Health information, such as medical records
  • Religious views
  • Sexual orientation
  • Political beliefs

If you are a victim of domestic abuse and a data breach has caused you harm, contact our advisors today. They can tell you if you have a valid claim.

Who Could Your Data Have Been Shared With?

A personal data breach could expose your personal data or domestic abuse data to people who are not authorised to see it. For example, if a social services employee fails to redact your personal data from a case study before publishing it or sharing it with coworkers, this could allow unauthorised parties to access it.

Data misdelivery is another way that your domestic abuse data could be shared with someone who is not authorised to access it. For example, if an employee at an organisation sends a letter containing your personal data to an address you previously lived at with your abuser, then could allow them to access personal data such as your address, name, or phone number. This can cause significant harm to your mental health.

If you are a victim of domestic abuse and a data breach has allowed unauthorised parties to access your personal data, contact our team today.

How To Claim For A Victim Of Domestic Violence Abuse Data Breach

You may be wondering how to make a claim for a breach of your domestic abuse data. Following a breach that could affect your rights or freedoms, the organisation responsible must inform the Information Commissioner’s Office (ICO) within 72 hours. Likewise, they have to inform you as soon as possible.

You can contact the organisation responsible for the breach and make a complaint. They may be able to provide more information, such as what data was affected and how the breach occurred. However, if they do not respond, or if the response you receive is not satisfactory, you can make a complaint to the ICO.

The ICO is an independent data protection watchdog based in the UK. While it cannot offer compensation, nor can it handle your claim, it has the power to investigate organisations and their data protection policies. If they are found to be in breach of data protection law, the ICO can impose a fine on the organisation.

Correspondence with both the organisation responsible and the ICO can be used as evidence to help strengthen your claim. Contact our advisors to find out how a solicitor from our panel could help you make a claim if you are a victim of domestic abuse and a data breach has caused you harm.

Is There An Average Compensation Settlement For A Victim Of Domestic Abuse Data Breach?

A successful personal data breach claim can receive two types of compensation. Material damage compensates you for the loss of money or assets that the data breach caused. For example, if you have to take time away from work to recover from the breach, then you may experience a loss of earnings.

Non-material damage compensates you for the psychological injuries or mental health problems suffered due to the data breach. For example, you may suffer anxiety caused by a data breach, or post-traumatic stress disorder (PTSD).

The table below features guideline compensation figures from the Judicial College Guidelines (JCG). As every claim is unique, we can’t provide an average compensation amount. However, the JCG helps legal professionals value claims by providing guideline compensation amounts. You can use these guidelines to get a broad estimate of how much you could potentially receive in non-material damage.

Edit
Severity Injury Notes Potential Damages
Severe – A Mental Injury A mental injury which makes coping with personal relationships and life in general difficult. There is a generally poor outlook for recovery. £54,830 to £115,730
Moderately Severe – B Mental Injury The injury leaves this person with significant difficulty in coping with personal relationships and life. The prognosis is more positive. £19,070 to £54,830
Moderate – C Mental Injury Whilst there have been improvements, the person still faces difficulty in their relationships and life. £5,860 to £19,070
Less Severe – D Mental Injury Consideration in this bracket is given to the effect symptoms have on day-to-day activities, along with the length of time affected. £1,540 to £5,860
Severe – A Anxiety Disorder The claimant is unable to function in the way they did before the trauma. All aspects of life are impacted. £59,860 to £100,670
Moderately Severe – B Anxiety Disorder Whilst impacted in a way similar to the above, professional care could allow for some recovery. £23,150 to £59,860
Moderate – C Anxiety Disorder A large recovery can be achieved, though there are some non-disabling effects that remain. £8,180 to £23,150
Less Severe – D Anxiety Disorder A virtually full recovery is achieved, with only minor symptoms that continue. £3,950 to £8,180

Please note that these are guideline amounts and not guarantees of what you could receive. Contact our advisors if you would like a free evaluation of your claim.

Talk To An Expert

If a domestic violence data breach has affected you, you may be eligible to claim compensation. Please call our helpline, and an advisor can answer any questions you may have about making a claim. And if they find your claim to be valid, they may connect you with a No Win No Fee solicitor from our panel. 

Our panel of solicitors offer legal representation through a Conditional Fee Agreement (CFA). You typically won’t pay your solicitor ongoing or upfront fees under a CFA unless your claim success. In that case, your solicitor will take a success fee. However, unsuccessful claimants do not pay this fee.

If you are a victim of domestic abuse and a data breach has caused your mental or financial harm, you may be able to make a claim. Contact our advisors to learn more:

Our Related Guides

If a data breach has had a negative impact on your life, these online resources may be helpful.

Or, for more helpful resources:

If you are interested in making a victim of domestic abuse data breach claim, get in touch with our team today.

Page by AE

Published by EN