Can I Make A Police Data Breach Claim?

In this guide, we will look at the process of making a police data breach claim. Any organisation that processes your personal data is required to follow certain laws in order to protect it. If they failed to do this, and you were harmed by a data breach that occurred as a result, then you may be able to claim. 

Police data breach claim

Police data breach claim guide

This guide will look at what personal data is, how it should be protected and the definition of a breach. We’ll also discuss data breach claim examples and the time limit to claim compensation for a data breach.

If you’re wondering how to claim for a data breach, why not get in touch? Our advisors are available 24/7 to offer free consultations of your claim with no obligation to use our services afterwards. If you do choose to work with us, we may be able to connect you with an experienced solicitor from our panel. 

You can speak to our team in the following ways:

  • Call us on the phone number above
  • Use our live chat feature
  • Make a claim online today

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Guidance On Making A Police Data Breach Claim

The UK General Data Protection Regulation (UK GDPR) is a piece of legislation that protects personal data in the UK. The Data Protection Act 2018 (DPA) sits alongside this. The DPA was updated after the UK left the European Union. Organisations must refer to both pieces of legislation when processing and protecting personal data. 

A data controller decides why and how personal data is processed and in some cases, they process the data themselves. A data processor is a third party that can be appointed to process personal data on behalf of a controller.  

Not all information is protected by the above laws. In order for data to be considered personal data, it must be able to be used to identify a natural person. As well as information that can be used to identify you alone (for example, your name), it also refers to information that can be used to identify you when combined with other information.

If you want to see if you have a valid police data breach claim, speak with our advisors. Get in touch for more information on data breach claims after a breach of the UK GDPR.

What Is A Police Data Breach?

The Information Commissioner’s Office (ICO) is an independent authority that investigates organisations that commit data breaches. The ICO may issue a penalty for police data breaches to the organisation responsible for the breach.

Some categories of personal data are regarded as more sensitive and therefore require extra protection. Police forces can collect the personal data of people they arrest.

In addition to this, they can also hold the personal data of those who work for the police. This might include disciplinary records, wage information and tax information. 

They may hold special category data such as personal data relating to medical conditions. Special category personal data needs more protection. It can also include sexuality personal data, biometric personal data and personal data relating to a trade union membership.

A personal data breach is defined as a security incident which leads to the confidentiality, integrity or availability of personal data being impacted.

Speak to our advisors for free legal advice on whether you could have a valid police data breach claim. 

Examples Of Police Data Breaches

Data breaches can happen because of malicious actions on behalf of an individual, but can also happen as a result of human error. In order to claim compensation for the harm caused by a police data breach, you would need to show that they did not do all that they could to protect your data.

Below, we’ve included some examples of data breaches:

  • Failure to redact: In police reports, confidential information, such as the name of a witness, should be redacted. Failure to do so could lead to a data breach if a report is published or shared to others without this being done. 
  • Data posted to the wrong person: Police may send a criminal letter with information about a case to the incorrect address, despite having the correct address on file. This could mean that the information is viewed by someone without authorisation. 
  • Loss of device. An employee of the police force might have a memory stick containing the CVs of people applying for a role. They could lose this on public transport, meaning that it can be accessed by anyone who finds the device.

These are just some examples of potential data breaches. For more information on how your personal data could be mishandled, leading to a possible police data breach claim, speak with an advisor for more information.

What Can We Learn From Data Breach Stats? 

The latest data security incident stats from the ICO reveal that in Q4 2021/22, there were 2,172 incidents reported. 35 were reported in the justice sector. 

The most commonly reported specified non-cyber security incident in this sector was the loss or theft of paperwork or data left in an insecure location. This was followed by data being emailed to the wrong recipient.

A solicitor from our panel could confirm whether you have a valid police data breach claim. Get in touch to find out how much data breach compensation you could be owed. They could also connect you with a solicitor from our panel. 

How Much Could I Get For A Police Data Breach Claim?

You might wonder, ‘how much compensation could I get for a potential police data breach claim?’. In this section we’ll discuss the payout for a data breach that could be awarded.

The compensation you may receive for any psychological harm caused by a data breach is referred to as non-material damage. For example, you might suffer from post-traumatic stress disorder and seek compensation for distress after a data breach revealed your arrest history.

Following Gulati & Ors V MGN Ltd (2015), it is now possible to be compensated for any mental harm in the same way you would for a personal injury. Therefore, we can use the Judicial College Guidelines to give you an estimate of what you might receive for any psychological injuries you suffer. Legal professions use the 16th edition of the JCG to value injuries.

InjuryCompensation RangeNotes
Severe Mental Injury or Harm £54,830 to £115,730Claimant will struggle with all aspects of life and may be unable to cope.
Moderately Severe Mental Injury or Harm £19,070 to £54,830Claimant will experience significant problems in all areas of life, however a more optimistic prognosis than in more serious cases.
Moderate Mental Injury or Harm £5,860 to £19,070
The prognosis is expected to be much better than the brackets above and improvement will have been made.
Less Severe Mental Injury or Harm £1,540 to £5,860Whilst the prognosis is more optimistic, everyday activities are still affected.
Severe Post-Traumatic Stress Disorder£59,860 to £100,670Ability to function is significantly affected and you are unable to work.
Moderately Severe Post-Traumatic Stress Disorder£23,150 to £59,860Significant problems persist but the prognosis is more positive.
Moderate Post-Traumatic Stress Disorder£8,180 to £23,150A recovery is expected but minor symptoms may persist.
Less Severe Post-Traumatic Stress Disorder£3,950 to £8,180A full recovery is likely to be made within two years.

An Explanation Of Material Damage 

Material damage relates to any losses that you have suffered as a result of a data breach. For example, you may suffer a loss of money due to taking time off work to cope with your psychological injuries. You should keep any evidence that could prove your losses, such as a wage slip or bank statement.

For a more accurate estimation of what you might receive for a data breach payout, speak to an advisor. If they can determine you have a valid claim, they could also connect you to one of the data breach claim solicitors from our panel.

Benefits Of Using A No Win No Fee Lawyer

A No Win No Fee solicitor could be the answer for you if you are concerned about the upfront cost of hiring a solicitor to work on your claim.

When you use this arrangement to fund your legal representation, you won’t pay anything to your solicitor unless your claim is successful. Even then, you’ll only pay a legally capped fee that is deducted from your data breach settlement. If the claim is lost, there’s nothing to pay them for their services at all. 

Ask About Making A Police Data Breach Claim 

If you want to work with a No Win No Fee solicitor from our panel, you should speak to one of our advisors. However, we would recommend that you get in touch as quickly as possible since there is a time limit to starting a data breach claim. This is one year if you’re claiming against a public body. Alternatively, it’s 6 years for all other organisations. 

To get in touch with our advisors, you can:

  • Call us on the phone number above
  • Use our live chat feature
  • Make a claim online today

Further Information About Making A Police Data Breach Claim

The ICO offers more information on why your data matters

The government has information on finding out what data an organisation has about you. 

Additionally, you might want to find information and support for your mental health from the NHS if you’ve experienced psychological injuries after a breach.

For further reading, we’ve included some more of our guides.

That concludes our guide looking at when a police data breach claim could be valid. To find out more, speak to our team at your earliest convenience.