Post Office Data Breach – Could I Make A Data Breach Claim?

This is a guide on the steps you could take should a Post Office data breach occur. We will explore the legislation in place to protect your personal data and the responsibilities a data controller and data processor have. A data controller sets the purpose for processing and a data processor acts on their behalf. However, a data controller can process the data themselves as well.

Post office data breach

Post office data breach – Could I make a data breach claim?

A personal data breach could affect you in several ways. For example, you could experience a psychological injury such as stress, anxiety or distress. You could also experience financial loss if your credit or debit card details are stolen.

In some cases, you may be able to seek data breach compensation for the ways in which you have been affected by a personal data breach. We will explore the criteria that must be met in more detail throughout our guide.

Additionally, we will look at the steps you could take should a personal data breach occur as well as the steps a data controller or processor must take.

Furthermore, we provide examples of how a data breach could occur, including human error and cyber security incidents.

Whilst we have aimed to provide the information you need within our guide, we understand that you may still have questions after reading. If so, please don’t hesitate to get in touch with our team of advisors. They are available 24/7 to answer any questions you might have.

To get in touch, you can:

  • Call on 0800 073 8801
  • Speak with an advisor via the live chat feature below
  • Fill out the ‘contact us‘ form via our website.

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Post Office Data Breach – Could I Make A Data Breach Claim?

There are certain pieces of data protection legislation that are in place to outline the responsibilities a data controller and data processor has to protect your personal data. These are the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

If a data controller or processor fails to adhere to data protection law, it could result in a breach compromising your personal data.

Article 82 of the UK GDPR sets out your right to seek compensation in certain circumstances. However, you must meet the relevant criteria.

You must prove that a data controller or data processor’s failings caused your personal data to become compromised. You must also prove that as a result of their failings, you incurred financial loss or sustained mental suffering.

To learn more about when you could seek data breach compensation, get in touch on the number above.

Types Of Personal Data A Post Office Could Hold About You

Personal data is any information that can be used to either directly identify you or indirectly identify you when processed in combination with other information. This can include:

  • Your name
  • Email address
  • Postal address
  • Bank account details, such as your sort code or account number
  • Credit card or debit card details
  • IP address
  • Telephone number

Additionally, there is certain personal data that requires extra protection due to it’s sensitive nature. This is known as special category data and can include:

  • Information relating to your ethnic or racial origin
  • Biometric data
  • Information relating to your sexual orientation.

A data controller could collect and process different types of personal data to fulfill the range of services they offer. They should adhere to data protection laws in order to prevent your personal data from being compromised.

To learn the steps you could take should a Post Office data breach occur and your personal information is affected, please get in touch using the number above.

What Should An Organisation Do If They Have Had A Data Breach?

There are several steps an organisation must take following a data breach. For example, they must report the incident to the Information Commissioner’s Office (ICO) within 72 hours of the personal data breach if it risks the rights and freedoms of data subjects.

The ICO is an independent body that is in place to uphold information rights. They can take enforcement action if an organisation fails to adhere to data protection law. For example, they may carry out investigations and issue fines where necessary.

Additionally, an organisation must notify the data subject of the breach if their rights and freedoms have been affected.

To learn more about the steps that you could take should a Post Office data breach occur, please get in touch with our team. Alternatively, continue reading to learn more about how a data breach could occur.

Examples Of How A Data Breach Could Occur

A personal data breach is a security incident that affects the integrity, confidentiality and availability of your personal data. There are different ways in which they could occur, such as through human error or an incident with cyber security.

A cyber security incident could involve an organisation failing to keep their systems up to date. As a result, this makes them more susceptible to cyber attacks, such as ransomware or phishing scams. This can lead to your bank account details being stolen causing you financial loss.

Examples of human error can include:

  • An employee sends an email containing your personal data to the wrong email address.
  • You are sent a letter addressed to someone else.
  • Files containing sensitive information are not properly stored away meaning someone without authorisation can access them.

However, it’s important to note that not all incidents of a data breach will form the basis of a valid claim. In order to seek compensation, you must be able to prove that an organisation’s failings caused a breach that compromised your personal data and caused you emotional harm or monetary loss as a result.

For more information on the actions you could take should a Post Office data breach occur and your personal data is compromised, please get in touch on the number above.

What Steps Could You Take Should A Post Office Data Breach Occur?

There are several steps you, as a data subject, could take following a personal data breach. For example, you can contact the organisation directly. They can provide additional details about the types of personal data that have been affected.

In instances where they do not respond or do not respond adequately, you can contact the ICO. They may choose to investigate your concern. If they do, you can use the findings from their investigation as evidence to support your potential claim, provided you are eligible to make one.

In post office claims, other evidence you can provide can include:

  • Correspondence between you and the organisation
  • Financial documentation, such as bank statements to show any financial losses.

For more information, please get in touch using the number at the top of the page.

Calculating Compensation For Personal Data Breach Claims

Following a personal data breach claim that succeeds, compensation for material damage and non-material damage could be awarded.

Material damage relates to the financial losses you have experienced as a result of the personal data breach. For example, you could have had money stolen from your account after your credit or debit card details were breached. If so, you could receive compensation for the monetary losses as part of your settlement.

Non-material damage relates to any psychological injury you experienced as a result of the personal data breach. This can include anxiety, distress, stress and post-traumatic stress disorder.

When calculating how much compensation for non-material damage you could receive, legal professionals can use the Judicial College Guidelines.

This document contains several types of psychological injuries corresponding with guideline compensation brackets. We have included these in the table below. Please only use the figures as a guide.

Edit
Harm Guideline Award Details
Psychological Harm £54,830 to £115,730 (a) Severe: There are several issues affecting different areas of the person’s life, such as their life, work, relationships and education. The prognosis is very poor.
Psychological Harm £19,070 to £54,830 (b) Moderately severe: The person has significant problems affecting different areas of their life but the prognosis is better.
Psychological Harm £5,860 to £19,070 (c) Moderate: The person will have made a significant improvement and will have a good prognosis.
Psychological Harm £1,540 to £5,860 (d) Less severe: The extent to which you have been affected and how long will be considered when valuing the award.
Anxiety Disorder £59,860 to £100,670 (a) Severe: The person has experienced permanent and negative effects on all areas of their life.
Anxiety Disorder £23,150 to £59,860 (b) Moderately severe: The person has a better prognosis after receiving professional help.
Anxiety Disorder £8,180 to £23,150 (c) Moderate: The injured person make a large recovery. If there are any ongoing issues, they won’t be majorly disabling.
Anxiety Disorder £3,950 to £8,180 (d) Less severe: A mostly full recovery is made within a couple of years.

Please get in touch to learn more about seeking data breach compensation and what you could receive. An advisor could also provide further guidance on how compensation for a data breach is calculated.

Could I Make A No Win No Fee Data Breach Claim?

It may be possible for you to access the services of our No Win No Fee solicitors. They could offer their services under a Conditional Fee Agreement.

As per this type of arrangement, you won’t pay any fees for their services upfront, during the claims process or if your claim fails. However, for successful claims, your solicitor will take a success fee from your compensation. This is subject to a legal cap.

A solicitor can offer several services, such as helping you collect relevant evidence to support your claim. They can also help you through the different stages of the data breach claims process.

To find out more about working with one of our solicitors on this basis, please get in touch using the details provided below.

Speak To Our Team Should A Post Office Data Breach Occur

We hope this guide on the steps you could take should a Post Office data breach occur has helped. However, we understand you may still have questions. If so, you can get in touch with our advisors. They can provide further guidance on data breaches and answer any questions you might have.

To get in touch, you can:

  • Call on 0800 073 8801
  • Speak with an advisor via the live chat feature below
  • Fill out the ‘contact us‘ form via our website.

Related Guides

Below, we have provided some external resources that you may find helpful:

Additionally, we have provided

Thank you for reading this guide on the steps you can take should a Post Office data breach occur. If you have any other questions, please get in touch using the details provided above.

Guide by JJ

Edited by MMI