How our data breach solicitors can help
Assessing if you are entitled to compensation
If your data or your child’s data has been exposed in a special educational needs data breach, you may be entitled to make a claim against the organisation that is responsible.
Whether you are entitled to claim and how much you could receive depends on the specifics of your case. Our data breach lawyers will start off by reviewing the details of your claim and informing you of your rights and options moving forward.
Any authority storing personal information must adhere to the rules of the Data Protection Act to adequately protect the data that they collect and ensure that data is used according to the relevant codes and practices.
Guardians or parents may be owned compensation if their data, or their child’s data, was compromised as a result of data security failings.
Supporting you to make a data breach claim
Once our solicitors have reviewed the specifics of your situation, we will have a better idea about whether you are in a legal position to make a claim. If you’ve been the victim of a special educational needs data breach, you may be able to claim for:
Nonmaterial damages- Such damages cover psychological harm that can occur in the aftermath of a data breach. It’s unsurprisingly that a data breach involving a special needs child can cause much distress and that you’ll be extremely concerned about the potential negative consequences that may follow.
Material damages- If a client has experienced financial losses because of a data breach, they should contact a solicitor to seek compensation for these damages.
What is the claims process for a special educational needs data breach?
Once we’ve assessed the particulars of your data breach claim, our specialist lawyers will contact the special educational needs school or whichever authority or organisation was responsible for the breach. Our lawyers will review any significant information from the Information Commissioner’s Office to support us with our investigations.
Once we have concluded that a breach has taken place and reviewed the consequences of the breach, we can begin to assign a value to your claim. In many instances, our solicitors can resolve data breach cases without court processes. If we cannot support you and the organisation to reach a settlement, we can assist you through a court process to help you claim the compensation that you deserve.
If you believe that an organisation has failed to protect the data of your special educational needs child, please get in touch with Hayes Connor Solicitors to discuss the potential of a claim.
Frequently asked questions about special needs data breaches
What could be the consequences of a special education needs data breach?
If the personal data of children or their parent’s is exposed, criminals could use this data to commit acts of fraud or identity theft. For instance, criminals may pose as a child’s school and attempt to collect payments based on false obligations and fees.
Data protection is also a matter of safeguarding. If a child’s personal info is lost, stolen or otherwise exposed, this could leave that child in a vulnerable position. For example, some SEND children who are adopted or fostered could be put at risk if their personal info is compromised.
What responsibilities do organisations have to keep children’s data safe?
Schools and any other organisations that store children’s data have a responsibility to protect their information according to the laws of the Data Protection Act 2018 and the GDPR.
Organisations that store special educational needs data must uphold various GDPR principles regarding data protection, including accuracy, accountability, lawfulness, confidentially and purpose limitation.
The GDPR states that children require certain protections for their data because they are generally more vulnerable in terms of the consequences, safeguards and risks.
Contact our special educational needs data breach solicitors
If a special educational needs school or organisation has not protected your personal data, you may be eligible to make a special educational needs compensation claim. If you feel that you have the basis for a claim, our data breach solicitors can offer an initial free assessment. To discuss your claim today give us a call on 0330 041 5137.
