Debt Collection UK GDPR Data Protection Breach – How To Claim Compensation

This guide will explore debt collection UK GDPR data protection breach claims and offer you support on how to start the claims process. All organisations that handle personal data must adhere to the legislation that is set out to keep the personal data of UK residents safe.

Debt collection UK GDPR data protection breach

Debt collection UK GDPR data protection breach claims guide

In this article, we will discuss data controllers and processors’ roles when holding your personal information. With proof, you can seek damages for a personal data breach. This guide supplies examples of potential compensation brackets that may relate to your data breach claim. 

Our advisors can help you start the claims process. You can also work with our No Win No Fee solicitors when seeking a settlement. For more information on debt collection UK GDPR data protection breach, continue with this article. Or you can contact our team with the following contact details:

  • Call us on 0800 073 8801
  • Message an advisor directly through the live chat
  • See more through the contact us section of our website

Select A Section

  1. What Is A Debt Collection UK GDPR Data Protection Breach?
  2. How Should A Debt Collector Handle Your Data?
  3. What Is The Legitimate Interests Basis?
  4. What Data Could Debt Collectors Have Access To?
  5. Calculating What You Could Claim For A Debt Collection UK GDPR Data Protection Breach
  6. Talk To Us About A A Debt Collection UK GDPR Data Protection Breach

What Is A Debt Collection UK GDPR Data Protection Breach?

You can be impacted psychologically and financially if you’ve suffered from a personal data breach. According to the Information Commissioner’s Office (ICO), a personal data breach is a security incident, which leads to the integrity, confidentiality, or availability of your personal data being compromised.

Legislation is in place to protect the personal data of UK residents. This includes the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act (2018) (DPA), which state that the data controller must have a lawful basis to collect personal data. 

A data controller decides how and why your data is used. The data processor processes your data on behalf of the data controller. 

Companies and organisations that become aware of a personal data breach that could compromise your freedoms or rights must report it to the Information Commissioner’s Office (ICO) within 72 hours. If your personal data is included, they must also inform you without undue delay. You can report a personal data breach to the ICO within three months of the last contact with the organisation or person responsible.

To learn more about what constitutes a personal data breach, contact our advisors today.

How Should A Debt Collector Handle Your Data?

Personal data is an umbrella term for information that can identify you, either alone or with other information. The kinds of personal data held by a debt collector can also include details regarding your ethnic origin and health. This falls into special category data. This is a type of personal data that requires extra protection under data protection law.

There are 6 lawful bases for the processing of personal data. Deb collectors and other organisations must establish a basis for processing before they do so. Data controllers should only process necessary personal data and keep it safe and secure. When personal data is no longer needed, it must be disposed of correctly. For example, destroying documents that contain personal or special category data securely by shredding them instead of throwing them into a communal waste bin.

In order to make a personal data breach claim, you must be able to prove that the breach was a result of the debt collector’s failings. You must also suffer harm as a result of the breach. To learn more about the claiming criteria following a personal data breach, contact our advisors today.

What Is The Legitimate Interests Basis?

Legitimate interests is one of the six lawful bases for the processing of personal data. The ICO describes legitimate interests as the most flexible basis in terms of processing, but it is not always appropriate. Under legitimate interests, an organisation may process your personal data if the processing is necessary to pursue a legitimate interest, so long as your interests do not override theirs.

There are three elements to the legitimate interest basis:

  • Identifying the interest
  • Showing the process is necessary in order to achieve it
  • Balance the interest against the interests, rights and freedoms of the individual

If you owe money to an organisation or company, they may lawfully share your personal data with a debt collector or debt collection agency. However, in some cases, legitimate interests will not be valid. To find out if you have a valid claim for data breach compensation, contact our team of advisors today. 

What Data Could Debt Collectors Have Access To?

Debt collectors can have access to various personal details about you. This can include your:

A personal data breach can have significant effects, causing emotional distress and financial harm. For example, you may feel unsafe after your home information has been breached, or you may suffer post-traumatic stress disorder (PTSD) as a result of the breach. Read on to learn more about the continuing effects of a personal data breach, or contact our advisors today to start your debt collection UK GDPR data protection breach claim.

Calculating What You Could Claim For A Debt Collection UK GDPR Data Protection Breach

When making a personal data breach claim, you can pursue material and non-material damage. Material damage relates to the financial harm you’ve suffered as a result of the data breach. This includes unauthorised withdrawals from your bank account and damage to your credit score.

Non-material damage refers to the psychological injuries you’ve sustained following the personal data breach. For instance, developing anxiety and PTSD after your personal information has been breached.

Previously, you were required to claim for both material and non-material damage. However, following the Vidal-Hall and others v Google Inc (2015) case, you can claim non-material damages without also claiming for financial losses.

The Judicial College Guidelines (JCG) display compensation brackets for non-material damages. It is traditionally used by legal professionals to help them value personal injury claims. We’ve included some examples below that may be relevant to your debt collection UK GDPR data protection breach claim.

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Psychological Injury Compensation Bracket Description
Severe Psychiatric Damage £54,830 – £115,730 Injuries will affect future vulnerability and ability to cope with work, education and overall life.
Moderately Severe Psychiatric Damage £19,070 – £54,830 A more optimistic prognosis than above. The injured person will still struggle with education, work and life.
Moderate Psychiatric Damage £5,860 – £19,070 The injured person will have a good prognosis and show improved symptoms by trial.
Less Severe Psychiatric Damage £1,540 – £5,860 The length of disability and extent of the effect on sleep and daily activities will determine the award amount.
Severe PTSD £59,860 – £100,670 Effects will be permanent, preventing the injured person from returning to work and rendering them unable to function at a pre-trauma level.
Moderately Severe PTSD £23,150 – £59,860 Prognosis is improved from above with professional help. However, disabilities remain significant for the foreseeable future.
Moderate PTSD £8,180 – £23,150 Continuing effects are not grossly disabling. Mostly able to make a full recovery.
Less Severe PTSD £3,950 – £8,180 Almost full recovery can be made within one or two years with minor symptoms persisting.

Please note that the figures provided by the JCG are only guidelines. Our advisors can provide you with a free estimate of how your claim could be valued.

Talk To Us About A Debt Collector UK GDPR Data Protection Breach

Our No Win No Fee solicitors work through a Conditional Fee Agreement (CFA). Under these terms, there are generally no fees for you to pay to your solicitor unless your case is successful. In this case, your solicitor will require a legally-capped percentage of your settlement total as their success fee. However, you do not pay this fee if your claim is unsuccessful.

Our advisors can connect you with a No Win No Fee solicitor if they believe your claim is valid. To speak to our advisors and start the claims process, use the following details:

Claims Against Banks And Financial Service Providers

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Thank you for reading our debt collection UK GDPR data protection breach guide.

Guide by JA

Edited by CH