When Could You Claim For A Breach Of Data Protection In A Nursery?

In this guide, we will look at how a breach of data protection in a nursery could impact you. we also address what steps to take following a data breach. 

Two key pieces of legislation govern data protection. We explore these and look at how they help keep your personal data safe. Additionally, the legislation grants data subjects involved the right to compensation. We look at data breach compensation eligibility. 

breach of data protection in a nursery

Breach of data protection in a nursery claim guide

This guide will also provide examples of personal data that could be included in a data breach. Also, we look at examples of special category data. Special category data is granted additional protections under legislation due to its sensitive nature. 

You might be entitled to claim compensation if your personal data is included in a data breach. We explore how damages are awarded in data breach claims. We conclude by examining No Win No Fee arrangements and how they can help should you wish to claim compensation with the guidance of a lawyer. 

If your details were included in a data breach, our claims team could help.

To speak to a member of our team:

 Select A Section

  1. What Is A Breach Of Data Protection In A Nursery?
  2. How Could A Nursery Breach The UK GDPR?
  3. Do I Need To Report A Nursery Data Breach?
  4. How To Claim For A Breach Of Data Protection In A Nursery
  5. How Much Could I Claim For A Breach Of Data Protection In A Nursery?
  6. Start Your Case Now

What Is A Breach Of Data Protection In A Nursery?

A data breach is a security incident that impacts how confidential or available personal data is, or affects the confidentiality of the data. Two key pieces of legislation aim to protect the public’s data privacy in the UK. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The DPA was updated when the UK left the European Union. 

Under the legislation:

  • Data subjects are granted more rights to their data and its processing. 
  • Holds the data controller responsible for adhering to data protection laws.
  • Grants data subjects the right to compensation should their details be compromised. 

Only personal data is protected by these laws. Personal data is any information that can be used to identify you, either in isolation or when put together with other information.

Article 82 of the UK GDPR grants data subjects the right to claim compensation in the event of a data breach. You must prove specific criteria to claim, however. We’ve included this below:

  • The organisation did not comply with data protection legislation. This caused a breach. 
  • The breach involved your personal data. 
  • You experienced harm, either financially or a psychological injury as a result. 

You can contact our advisors with any questions should your details be included in a breach of data protection in a nursery. 

How Could A Nursery Breach The UK GDPR?

Human error could result in a breach of data protection in a nursery. Nurseries hold personal details on children as well as their families. They may also hold special category data. Before we explore examples of how data could be breached, let’s look at what data could be involved in a breach. 

Personal data can include:

  • Name
  • Phone number
  • Address
  • Email address
  • Bank details
  • National insurance number. 

Special category data can include personal data relating to your:

  • Racial and ethnic background
  • Religious beliefs
  • Genetic and biometric data
  • Medical information

Organisations should ensure that staff are trained in data protection. A data breach could occur due to a verbal disclosure; for example, a member of staff could discuss a child’s medical condition within earshot of another child’s parent, who doesn’t have the authorisation to access this. 

Incorrect paperwork disposal could also lead to a data breach. Organisations should have policies surrounding paperwork disposal, for example, they may require the shredding of paperwork before it is put for recycling. 

Our advisors can answer your questions 24 hours a day, 7 days a week if you have evidence your details were included in a breach of data protection in a nursery. 

Do I Need To Report A Nursery Data Breach?

If a data breach could impact your rights, an organisation must report to it you without undue delay. They should also tell you what personal information or special category data was included. Additionally, you could ask how it occurred and what is being done to put it right. 

If you suspect a personal data breach, you can:

  • Firstly, raise your concerns with the nursery. They can tell you if there was a breach, and if so what personal data of yours was affected. They can also compensate you at this point; however, if you accept this, then you cannot then go on to claim compensation. 
  • If you don’t receive a response or find it to be inadequate, you can report the breach to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to protect data privacy. As part of their role, they monitor data breaches and can issue organisations that breach data protection legislation with fines. You should make your complaint to the ICO within three months of your last meaningful communication with the organisation.
  • You might be eligible to seek compensation if your rights were impacted by the breach. Hiring a data protection solicitor could help you with the claims process. They could ensure all evidence to support your claim is submitted. Communication with the organisation could be submitted as evidence. Additionally, any confirmation from the ICO that a data breach occurred could be used to support your claim. 

Our data breach claims team can answer your questions about the next steps you could take if affected by a breach of data protection in a nursery.

How To Claim For A Breach Of Data Protection In A Nursery

A breach of data protection in a nursery could result in a family data breach. As mentioned previously, if your rights are impacted due to a data breach, you might be eligible for compensation. 

Even after you take steps to protect yourself following a data breach, such as changing passwords, you could be worried that your information has already been accessed by others. Additionally, stress due to a data breach could make you eligible for compensation without experiencing any financial loss. 

Due to the ruling in the Vidal-Hall and others v. Google Inc. (2015) Court of Appeal case, you can claim data breach compensation for your emotional damage alone without experiencing financial harm. This case set a precedent for damages in data breach claims. Prior to the case, you could only claim for psychological damages, such as post-traumatic stress disorder (PTSD) if you also experienced financial harm. We will further explore damages in a data breach claim below. 

Speak to a member of our data breach claims team to discuss your next steps. 

How Much Could I Claim For A Breach Of Data Protection In A Nursery?

Two heads could form your settlement in your data breach claim. Material damages are awarded to allow you to recover your financial losses. Additionally, you could be compensated for psychological distress under non-material damages. 

Material Damages

To recover financial damages, you must submit evidence of financial losses. For example, if your personal data is exposed, this could mean that someone can steal your identity. As a result, you could lose money or have your credit score affected. 

You should provide evidence of this, such as bank statements. Without evidence, you might not get the full amount you’re entitled to.

Non-material Damages

Legal professionals can use the Judicial College Guidelines (JCG) when assigning value to personal injury claims. This document contains a list of injuries alongside compensation brackets, including psychological injuries. The same document will be used to help assign value to your psychological suffering in a data breach claim. 

You may have to attend a medical assessment. This allows for a more accurate view of your emotional distress. 

The table below contains examples of figures from the JCG 16th edition, published in April 2022. 

Edit
Injury Severity Potential Compensation Notes
Psychological Injury Severe (a) £54,830 to £115,730 The claimant cannot cope with life and relationships. The prognosis is very poor.
Psychological Injury Moderately severe (b) £19,070 to £54,830 The claimant experiences significant problems coping with life and relationships. However, the prognosis is more optimistic than in severe cases.
Psychological Injury Moderate (c) £5,860 to £19,070 This level of psychological harm will cause problems with life and relationships, but there will be improvements in the claimant’s mental state and a good prognosis.
Psychological Injury Less severe (d) £1,540 to £5,860 A period of disability occurs impacting daily life and sleep.
Reactive Disorder (Psychiatric) Severe (a) £59,860 to £100,670 The symptoms cause an inability to function at the same levels as before the trauma occurred. This impacts all areas of life negatively and is permanent.
Reactive Disorder (Psychiatric) Moderately severe (b) £23,150 to £59,860 The claimant has a significant disability for the foreseeable future. However, with the help of a professional, some recovery is possible.
Reactive Disorder (Psychiatric) Moderate (c) £8,180 to £23,150 A recovery has largely taken place, however some symptoms that are not grossly disabling continue to be experienced.
Reactive Disorder (Psychiatric) Less severe (d) £3,950 to £8,180 Minor symptoms may persist beyond 1-2 years, but the claimant makes virtually a full recovery.

Our advisors can discuss damages in data breach claims with you. They could connect you with a lawyer from our panel if you have a valid case.

Start Your Case Now

To ensure all your supporting evidence is filed, you might want to hire a solicitor.  A No Win No Fee solicitor could handle your data breach claim using a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee agreement

Under the terms of a CFA, your solicitor won’t ask you for upfront or ongoing solicitors fees. A success fee is taken from the awards of successful claims instead. If your claim is unsuccessful, you won’t have to pay a success fee. 

Our advisors can answer your questions about a breach of data protection in a nursery. You can contact them today if you have evidence that your details were included in a data breach. Eligible claims could be passed onto our data breach solicitors. 

To speak to a member of our data breach team:

Other Education Sector Data Breach Claims

The following links might be helpful:

Further claims guides:

Other Data Breach Claim Guides

If you have any more questions about what you could do after a breach of data protection in a nursery, speak with our team today.

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