Institutional Abuse Survivors Awarded £30,000 Each Following Data Breach

Three individuals in Northern Ireland who suffered historical institutional abuse (HIA) and whose identities were compromised in a significant data breach are each set to receive £30,000 in damages, the High Court was informed on Wednesday. These settlements were announced in connection with claims filed against The Executive Office and the organization established to champion the victims’ cause. Legal proceedings were initiated after a newsletter, distributed via email by the HIA interim advocate’s office in May 2020, inadvertently disclosed the identities of approximately 250 abuse survivors. At the time of the incident, interim advocate Brendan McAllister issued an apology for the revelation of their personal details. Mr. McAllister confirmed that immediate measures were implemented to recall the email, and the incident was also reported to the information commissioner. This event led to one of the largest class actions in Northern Ireland’s legal history, with more than 80 litigants pursuing legal action for breaches of privacy, negligence, and personal injury. On Wednesday, three test cases, part of the claims against the interim advocate and The Executive Office, were scheduled for a court hearing. However, following discussions, senior counsel representing the three anonymous individuals confirmed that a resolution had been reached. David Ringland KC informed the court: “In each case the action is settled for £30,000 in damages.” Mr Justice Colton commended both sides for achieving this outcome. Outside the court, Claire McKeegan, a solicitor representing the group, stated that their decision to pursue these cases had been fully vindicated. Ms. McKeegan commented: “Many of the survivors we represent had never told anyone of the abuse they suffered, not even their closest relatives, so they needed confidentiality more than most.“The most robust protections should have been in place to ensure no survivor of abuse endured any further pain and suffering.” Campaigner and activist Margaret McGuckin, who attended the hearing to support the three plaintiffs, observed that they were overcome with delight at the settlements. Ms. McGuckin, who spearheads the group Survivors and Victims of Institutional Abuse (SAVIA), insisted that all remaining cases in the class action should be entitled to the same level of damages. She stated: “They have more self worth than any sum that was offered,” adding, “This shouldn’t have happened, they have been let down all their lives and suffered the same pain.”