Have you suffered harm due to a breach of discrimination information? Many organisations collect personal data that could, if compromised, lead to discrimination. In this article, we will explain what a personal data breach is, and how it could affect you.
Furthermore, we will explore what personal data could be used to discriminate against you, as well as who could be eligible to make a claim.
We will provide guideline compensation brackets from the Judicial College Guidelines (JCG), as well as a breakdown of what you could potentially claim for following a personal data breach.
Finally, we will discuss how our panel of solicitors may be able to aid you in your claim through a No Win No Fee arrangement. To understand whether you have a strong foundation for your data breach case, we encourage you to talk to our advisors. They are available to provide relevant, and free, legal advice. Get in touch today by:
Select A Section
- What Is A Breach Of Discrimination Information?
- How Could A Data Breach Lead To Discrimination?
- What Personal Data Could Lead To Discrimination?
- How Do You Claim For A Breach Of Discrimination Information?
- Calculating Compensation For A Breach Of Discrimination Information
- Speak To an Expert
When the confidentiality, integrity, or availability of your personal information is affected in a security incident, this is a personal data breach. Personal data is identifying information, such as your full name, phone number, or email address.
There are two main pieces of legislation that organisations must comply with when handling the personal data of UK residents. The UK General Data Protection Regulations 2016 (UK GDPR) and the Data Protection Act 2018 (DPA) work alongside each other to outline the steps that data controllers and processors must follow when handling personal data.
Data controllers decide why they need your data, and how they intend to use it, whereas data processors handle this data on their behalf. If an organisation fails to comply with this legislation, and information that could result in discrimination is involved in a breach, you may be able to claim compensation.
To find out if you could be eligible to claim, contact our advisors today.
A personal data breach could lead to discrimination if confidential or private information is exposed. For example, an accidental data breach by an employer may reveal personal data such as your sexual orientation to your colleagues. If these colleagues are homophobic, this could lead to discrimination in the workplace.
However, not all instances of a discrimination information data breach will result in a valid claim. To form a valid personal data breach claim:
- You must suffer mental or financial harm as a result of the breach
- The breach must include your personal data
- The breach must be a result of the data controller or processor’s wrongful conduct
For more information on how a data breach could lead to discrimination, contact our advisors today.
As we have already mentioned, personal data is any identifiable information. However, there is a subcategory of persona data called special category data that requires extra protection. This is due to it’s sensitive nature. Some examples of special category data that if breached could lead to discrimination include:
- Information regarding your political or philosophical leanings
- Data referring to your sexual orientation
- Health data
- Biometric and genetic data
- Information regarding your racial or ethnic origin
Discrimination is the unjust treatment of another individual, or group of people, based on factors such as race, age, sex, and disability amongst other traits. Therefore, special category data could lead to discrimination as it is information that divulges private aspects of a person’s life, potentially resulting in bigotry, racism, sexism, or ableism.
For more information on how data could lead to discrimination, talk you our advisors now.
A breach can happen for a number of reasons, from human error, such as misdelivery of personal data through text message or lost files, to deliberate criminal activity. If a breach could affect your rights or freedoms, the organisation must let you know without undue delay. They must also inform the Information Commissioner’s Office (ICO) within 72 hours.
The ICO cannot provide compensation. However, if you make a complaint to the ICO following a breach, this could be used as evidence to help you strengthen your claim. If the organisation responsible for the breach does not provide a satisfactory response to your enquiries, you can complain to the ICO.
Generally, you have six years to begin a claim for a breach of discrimination information. However, if you wish to claim against a public body, this falls to one year.
For more information on how to report a breach, talk to our advisors today.
A successful claim for a breach of discrimination information may compensate you for two heads of damages, such as:
- Material damage – Financial losses you can suffer due to stolen or compromised banking information. This may lead to theft from your bank account, identity theft, and damage to your credit.
- Non-material damages- The psychological damage caused by the breach, such as mental health injuries including paranoia, depression, stress, anxiety, post-traumatic stress disorders (PTSD), and other psychiatric issues.
Previously, non-material damage could be only be claimed alongside material damage. However, since the Court of Appeal case Vidal-Hall and Others v Google Inc , claims for non-material damage can be made alone or with material damage.
The table below provides some example compensation brackets taken from the JCG. This is a document that often helps legal professionals value the non-material damage head of a personal data breach claim, along with personal injury claims such as accident at work claims or road traffic accident claims.
|Severe mental harm (a)||£54,830 to £115,730||Severe and permanent issues coping with daily life, with a very poor prognosis.|
|Moderately severe mental harm (b)||£19,070 to £54,830||Similar issues to the above, with a better prognosis.|
|Moderate mental harm (c)||£5,860 to £19,070||Symptoms of mental harm show a significant improvement by the time of trial.|
|Less severe mental harm (d)||£1,540 to £5,860||The period of disability and the effect it has on daily life will affect the awarded compensation levels.|
|Severe anxiety disorder (a)||£59,860 to £100,670||The ability to work will be permanently impacted, and there is no remaining ability to function as they would before trauma.|
|Moderately anxiety disorder (b)||£23,150 to £59,860||A better prognosis than the above due to the chance of some recovery with professional help.|
|Moderate anxiety disorder (c)||£8,180 to £23,150||Where there is a large recovery with lasting symptoms that are not disabling.|
|Less severe anxiety disorder (d)||£3,950 to £8,180||Full recovery within two years with very minor symptoms.|
These figures are guidelines only. The actual amount you may receive can vary. For a free estimate of what your claim could be worth, contact our advisors today.
Should you intend to make a claim for a breach of discrimination information, we suggest talking to our advisors first. If you are eligible, they may connect you with an expert solicitor from our panel.
Our panel of solicitors offer legal representation for claims under a No Win No Fee arrangement, known as a Conditional Fee Agreement (CFA). There are no upfront or ongoing costs under a CFA, and if your claim succeeds, a legally-capped success fee is taken from your compensation. This is a small percentage, and your solicitor will discuss this with you beforehand. However, if your claim does not succeed, you do not pay this fee.
To find out how a solicitor from our panel may be able to help you, get in touch by:
Read More About Data Breach Claims
We have other data breach guides for you to read:
- Family Data Breach Compensation – Can I Claim For Breach Of UK GDPR?
- How To Claim For A Witness GDPR Data Breach
- TSB Bank Data Breach – When Could You Claim?
And useful external links too:
Contact our advisors today for free and relevant legal advice on the breach of discrimination information.
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