If a letter is sent to the wrong address and this leads to a data breach where your privacy or information has been compromised, you may be able to claim compensation.
This kind of legal case is one that we can take forward for a victim on a No Win, No Fee basis for eligible clients. Your rights are enshrined in law and victims can claim damages where this kind of incident has led to the misuse or exposure of information.
It can be a common type of breach that we have helped people for over the many years we’ve been at the forefront of data breach compensation. As a leading law firm in this complex and niche area of law, we can help you.
Compensation when a letter is sent to the wrong address
If a letter is sent to the wrong address and it’s your information that’s contained in the letter or attached with the letter, you may be eligible to make a claim for compensation.
Victims of this kind of breach can be entitled to receive damages for the distress that’s caused by the loss of control of personal information. If any incidents of fraud or monetary loss follow, this can also be accounted for.
Importantly, you can claim for just the distress alone.
If we consider that the breach was avoidable and has arisen from some form of negligence, we may be able to represent you for a legal case on a No Win, No Fee basis.
Examples could include:
- Human error where a mistake on the letter leads to the leak, such as inputting the wrong address or using an old address;
- More than one letter being packed together in a single envelope;
- The wrong attachment(s) sent with a letter;
- IT / system errors where letters are sent to the wrong address or even a previous address.
Cases can be serious
Don’t ever brush off an incident where a letter is sent to the wrong address. These kinds of cases can be serious, and we consider several factors when we assess data breach compensation amounts.
Factors that could lead to the case being serious may include:
- Where the leaked information is very personal and sensitive;
- Where it’s sent to someone who may use it with malicious intentions, such as a former partner or an estranged relative;
- Where data falls into the hands of a person who has previously abused the victim.
In some of the most serious cases, simple errors have led to data falling into the hands of abusive ex-partners. This includes where victims have previously changed their names and gone to great lengths to not be found, and their hard work has been undone and their safety is in jeopardy. We represent people for cases where this has happened, so we understand the severity of this kind of breach.
When leaked data is related to healthcare information and falls into the category of a medical data breach compensation case, a breach like this can be serious. Medical data is often seen as the most personal and sensitive type of information there is.
Shielding letters: a recent example
You may think that it’s a rare thing when a letter is sent to the wrong address, but this kind of breach happens a lot and can affect a large number of people.
In a recent example, there’s the case of the 13,000 letters for people vulnerable to coronavirus being sent to the wrong recipients in Wales. The letters that were designed to contain information and advice for those with serious underlying conditions have perhaps caused even more undue stress and worry.
The error reportedly resulted in 13,000 out of 80,000 letters being sent to the wrong addresses, such as for the recipient’s previous address. Described as a “potentially disastrous mistake which could needlessly endanger lives”, it’s another example of a simple breach that has affected a large number of people and may have significant consequences.
IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.
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First published by Matthew on May 29, 2020
Posted in the following categories: Claims Healthcare Technology and tagged with compensation | data breach | data controllers | data leak | healthcare sector | medical data breach | personal data