If a housing association data breach occurred because they accidentally or deliberately revealed your personal data, you could suffer financial loss, mental harm or both. This article discusses the possible steps you could take to claim data breach compensation.
This guide will explain when you could be eligible to launch a claim for a breach of personal data before suggesting evidence that could be supplied to support your potential case. We also explore some examples of how a housing association personal data breach could occur.
Following this, we look at the types of damage you could be awarded compensation for and how a legal professional could use a publication to hone in on a value for your data breach claim.
To conclude, should you have an eligible case and want expert advice, we discuss the benefits of a specific type of No Win No Fee agreement our panel of solicitors offer. So contact our advisors to see if your case is valid.
To find out if you’re eligible and learn about the possible action you could take, get in touch by:
- Calling the team on 0161 696 9685
- Completing this Contact US form to start a claim enquiry online.
- Chatting with us via our live support option below
Jump To A Section
- When Are You Eligible To Claim For A Housing Association Data Breach?
- How To Claim For A Housing Association Data Breach
- How Could A Data Breach Be Caused By A Housing Association?
- Potential Data Breach Compensation Examples
- Can I Use No Win No Fee Data Protection Breach Solicitors To Make A Claim?
- Learn More About What Counts As A Data Breach
Two pieces of legislation govern how housing associations handle your personal data. The key legislations they must adhere to include the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). If they fail to comply with these legislations, a data breach could occur causing monetary loss, mental harm, or both.
To understand what a personal data breach is, we can turn to the Information Commissioner’s Office (ICO). They state that personal data breaches are securities incidents that affect personal data’s availability, integrity and confidentiality. The ICO also explain what personal data is, defining it as information that can identify someone when used alone or with other information.
You must meet specific eligibility criteria to claim compensation following a housing association data breach. To make a personal data breach claim, you must show:
- The housing association failed to adhere to data protection laws, which led to a data breach
- This data breach involved your personal data
- Because of the breach, you suffered financial loss, psychological damage or both
Contact our advisors for a free case assessment if you’re unsure whether you satisfy this eligibility criteria. If your case is found to be eligible, they may offer the services of a solicitor from our panel.
Not everyone who has fallen victim to a housing association data breach will be entitled to claim compensation. If the housing association satisfied their legal obligation regarding the protection of your personal data, but a breach still occurs, a claim is unlikely.
As mentioned previously, you must have suffered monetary loss, mental harm or both caused by a data breach resulting from the housing association’s failings. Evidence could help show that a breach occurred and how this has affected you and might be able to prove liability.
There are several types of evidence you could provide, including:
- Correspondence with the housing association about the breach
- Medical records detailing any mental harm you’ve suffered
- Documents that outline the financial impact the breach has had on you
Providing your case is eligible, a solicitor from our panel could help collate evidence as part of their service. To see if you can gain this help, get in touch with our advisors for a free consultation.
Not every instance of a personal data breach is something that enables you to claim compensation. A housing association may be able to show that they complied with data protection laws to prevent breaches from occurring. However, examples of when a housing association could be liable include:
- Your personal details were sent to the wrong postal address despite having your correct address.
- Health and disability information about you was hacked from their system due to having poor cybersecurity
- Personal information about housing benefits was forwarded to the wrong email address
The above list isn’t exhaustive; other scenarios could entitle you to personal data breach compensation. Call us on the number above to discuss the facts of your housing association data breach case and determine its validity.
Successful cases will be awarded a settlement that could include compensation for material and non-material damage. Non-material damage is the psychological harm, such as anxiety, caused by the incident. To help value your non-material damage, legal professionals could refer to the Judicial College Guidelines (JCG).
This document provides guidance figures for different harm and has been used to provide the table below. Please remember that each personal data breach claim is assessed on a strictly case-by-case basis. As such, any data breach compensation awarded varies accordingly.
Type of Harm How Severe? Guidelines Notes
Psychiatric Damage Severe £54,830 to £115,730 Marked problems relating to all aspects of the persons life, with a poor prognosis
Moderately Severe £19,070 to £54,830 Although there will be significant problems with all aspects of the persons life, a much more optimistic prognosis will be given.
Moderate £5,860 to £19,070 A marked improvement indicated by the time the case goes to court. There will also be a good prognosis.
Less Severe £1,540 to £5,860 The period of disability, including its severity, is assessed in this bracket.
Post-Traumatic Stress Disorder (PTSD) Severe £59,860 to £100,670 Permanent effects that stop the person from returning to pre-trauma levels in their life.
Moderately Severe £23,150 to £59,860 Still a significant disability for the foreseeable future. However, a better prognosis with some recovery following professional help.
Moderate £8,180 to £23,150 On the whole, a large recovery will be made, with persisting issues being not grossly disabling.
Less Severe £3,950 to £8,180 Virtually a complete recovery within 2 years, leaving only minor symptoms beyond this.
This table is for guidance only.
Claiming Material Losses Due To A Data Breach
Material damage is the financial loss caused by the data breach. A serious breach of your personal data could create far-reaching and prolonged problems such as identity theft and lost earnings due to being unable to work if you have suffered mental injuries such as PTSD.
To ensure you’re fully compensated for your financial losses caused by the data breach, you could provide evidence like:
- Bank statements
- Credit and debit card reports
Get in touch with our advisors now to discuss the potential personal data breach compensation you could be entitled to. They could provide an estimate of your potential compensation and answer your questions.
Although you might be interested in working with a professional data breach solicitor to ensure your case runs smoothly, you may have concerns about the cost. Our panel understands these concerns and, providing your case is eligible, offers their services via a type of No Win No Fee contract.
Our panel of solicitors work under a Conditional Fee Agreement (CFA), which provides claimants with numerous benefits. Under these terms, no solicitor service fees are payable upfront or for work completed as your case proceeds. Additionally, nothing needs to be paid for the solicitor’s service if your case is unsuccessful.
Housing association data breach claims that see a positive outcome means a solicitor working under a CFA can take a percentage from your compensation, known as a success fee. However, the law restricts the percentage that can be deducted, meaning you always receive most of the compensation awarded.
Please speak to our team of advisors if you want to find out if you can take advantage of these benefits. They can offer detailed guidance on your next step. Furthermore, they can explain any aspects of the claim process you are unsure about. Simply:
- Call our advisors on 0161 696 9685
- Contact us to start a claim enquiry online.
- Ask us anything via our live support option.
Thank you for reading our guide about when you could claim compensation following a housing association data breach. You can find more of our guides by following the links below:
- Information about how to claim for stress caused by a personal data breach
- Were your mental health problems made worse by a data breach, see if you can claim here.
- Information about claiming if the Bcc field was not filled out when a mass email was sent.
For some other external information, please look here: