In this guide, we explain who could be eligible to start a gym data breach claim. In order to seek data breach compensation, you must be able to show you meet a set of eligibility criteria which we’ll explore further in our guide. We also discuss the evidence that could help to support your claim and how an expert data breach solicitor from our panel could assist you on a No Win No Fee basis.
Furthermore, we explain the laws in place to protect your personal data and the parties who have responsibilities to adhere to these laws. You can also find examples of how personal data breaches could occur if these laws are not followed, and the impact this could have psychologically and/or financially.
Later in our guide, we look at how compensation for a data breach is calculated to address the mental harm and/or financial loss you suffered.
For more information about data breach claims, you can contact our advisors today. They can offer free advice and help you understand whether you’re eligible to proceed with your case. You can reach them via the contact details below:
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- When Can You Claim For A Gym Data Breach?
- What Incidents Could Lead To A Gym Data Breach?
- How Much Compensation For A Personal Data Breach?
- What Could You Do After A Data Breach?
- Use No Win No Fee Solicitors To Make A Gym Data Breach Claim
- Read More About Claiming Data Breach Compensation
Two main pieces of legislation called the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are in place to protect the personal data of a data subject; the person to whom the personal data relates. There are two main parties who have a responsibility to adhere to these data protection laws:
- Data controllers who set the purpose and means for processing your personal data.
- Data processors who process the data on behalf of the controller. The controller may process the data themselves in some cases, but in others they will outsource the task to a data processor.
A failure by either of these parties to adhere to the UK GDPR and DPA is known as wrongful conduct. In some cases, wrongful conduct could result in a personal data breach.
The Information Commissioner’s Office (ICO), an independent body set up to uphold the information rights and freedoms of data subjects, define a personal data breach as a security incident affecting the confidentiality, integrity, and availability of your personal data. Personal data is information that alone or alongside other details can reveal your identity.
In order to have valid grounds to claim for a breach of your personal data, you must prove the following:
- A data controller or data processor failed to adhere to the UK GDPR and DPA.
- As a result of their wrongful conduct, your personal data was affected in a breach.
- Due to the personal data breach, you experienced psychological harm and/or financial loss.
For further guidance on when you could be eligible to claim following a gym data breach, please call an advisor on the number above.
As mentioned, personal data is identifying information relating to a data subject. This can include names, postal addresses, email addresses, phone numbers, credit card information and debit card details.
Additionally, there is more sensitive data that is given more protection, called special category data. Examples can include information relating to your health and biometric data where used for identification purposes.
Gyms may store various types of personal data of their customers. There are different ways a gym data breach could occur affecting different kinds of personal data. For example:
- Staff at the gym could leave an unencrypted USB stick or laptop containing your sensitive personal data unattended, allowing others without authorisation to access it. This could lead to psychological damage, such as stress and anxiety.
- A staff member may email your membership account details, including your payment method details, to the wrong email address. As a result, you could suffer financial loss in the form of money being stolen from your account.
If your personal data has been involved in a breach and you have been affected financially and/or psychologically, please get in touch with an advisor on the number above. They can help you understand whether you’re eligible to seek compensation.
Data breach claim values will differ depending on the specific factors and circumstances surrounding your case. However, if your claim is successful, you could see a settlement that includes compensation for two types of damage.
Those responsible for calculating non-material damage can refer to medical records as well as consulting the Judicial College Guidelines (JCG). This publication lists various types of psychiatric injury and provides a guideline award bracket for each.
Guideline Compensation Table
We have used JCG figures in the table below. These figures are for reference only. Also, the first entry is not from the JCG.
|Guideline Compensation Brackets
|Severe Psychiatric Damage and Significant Financial Losses
|Up to £150,000 plus
|A settlement comprising compensation for the severe psychiatric damage suffered as well as the substantial monetary losses incurred.
|£54,830 to £115,730
|A marked impact on several areas of the person’s life and they will have a very poor prognosis.
|(b) Moderately Severe
|£19,070 to £54,830
|The person will experience significant problems across different areas of their life but there will be a more optimistic prognosis.
|£5,860 to £19,070
|A significant improvement has been made and the prognosis will be good.
|(d) Less Severe
|£1,540 to £5,860
|The length of time the disability affects the person and to what extent daily activities and sleep are impacted will be considered when determining the award given.
|Post-Traumatic Stress Disorder (PTSD)
|£59,860 to £100,670
|Permanent effects prevent the person from returning to work or, at least, functioning at a pre-trauma level. All aspects of their life will be negatively affected.
|(b) Moderately Severe
|£23,150 to £59,860
|A better prognosis due to some recovery after receiving professional help. However, the effects are still likely to cause a significant disability for the foreseeable future.
|£8,180 to £23,150
|A large recovery and any ongoing issues won’t be majorly disabling.
|(d) Less Severe
|£3,950 to £8,180
|The person mostly fully recovers within a couple of years and only minor symptoms will continue over a longer period.
In addition to this, your payout could include compensation for material damage. This refers to the financial loss you suffered due to the gym data breach. It is necessary to present evidence of any out of pocket expenses, such as bank statements and wage slips that show:
- Money was stolen from your bank account.
- Fraudulent purchases took place on your credit or debit card.
- You lost income after having to take time off work due to the psychological damage caused.
For more information on how compensation for a data breach is calculated, please contact an advisor on the number above. They can assess your potential claim and provide an estimate of what you could potentially be owed.
To substantiate your gym data breach compensation clam, it’s important to collect evidence. Examples of the evidence you could gather include:
- Keep hold of any emails or letters you received from the data controller about the breach. They must notify you of a personal data breach, without undue delay, that puts your rights or freedoms at risk.
- Request copies of any medical records that show you suffered mental harm due to the breach.
- Collect evidence of any financial losses, such as bank statements, wage slips, and credit reports.
If you have not been contacted by the organisation but you suspect a breach has occurred, you can contact them directly. Alternatively, if you haven’t received an adequate response, you can report your concerns to the ICO. The ICO cannot award compensation but they may choose to investigate your concerns and any findings from their investigation can help support your case.
It may benefit you to seek legal representation to helps you through the different stages of the claims process. If you’re eligible, you could instruct a data breach solicitor from our panel to work on your case. They have experience of handling claims similar to your own and can assist you in seeking compensation.
Call the number above to find out more about the ways an expert solicitor could assist you. Alternatively, read on to learn about the terms under which they can offer their helpful services.
If our advisors find that you have a valid data breach claim, they could connect you to a solicitor from our panel with extensive expertise in data breach cases. They can offer these services under a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA).
When a CFA is used, there are typically no fees needed upfront for the solicitor to begin working on your claim. Nor are any required for their services throughout the duration of the claim. Also, claims that fail require no fee for any completed work by the solicitor.
You will need to pay a success fee to your solicitor if your case succeeds. This is taken as a percentage from your compensation which has a legal cap. The cap ensures your receive the bulk of your compensation payout.
To see if you qualify for instructing a solicitor under No Win No Fee terms, get in touch with our helpful advisors. To do so, you can:
For more of our helpful data breach claims guides:
- Read about when you could claim if a personal trainer breached your data and you suffered financially and/or mentally as a result.
- Information on claiming following an internal email data breach and the compensation that could potentially be awarded.
- A guide answering frequently asked questions on data breach claims including when you could take legal action.
For more external resources:
- Information about anxiety, fear and panic attacks from the NHS.
- Here is some advice on data breach complaints from the ICO.
- Information about the rights of data subjects from GOV.UK.
If you have any other questions about making a gym data breach claim, please don’t hesitate to get in touch using the number above.