Institutional abuse victims awarded £30,000 after data breach

Institutional abuse victims awarded £30,000 after data breach
Pacemaker HIA Historical Institutional Abuse Inquiry signPacemaker

In 2020 a newsletter circulated in an email revealed the identities of around 250 survivors of abuse

Three victims of historical institutional abuse (HIA) in Northern Ireland who were exposed in a major data breach are each to receive £30,000 in damages, the High Court heard on Wednesday.

The settlements were announced in claims against the body, which was set up to champion their cause, and the Executive Office.

Proceedings were issued after a newsletter circulated in an email by the HIA Interim Advocate’s Office in May 2020 mistakenly revealed the identities of around 250 survivors of abuse.

At the time Interim Advocate Brendan McAllister issued an apology for the disclosure of their details.

Mr McAllister said measures were immediately taken to recall the email, with the incident also reported to the Information Commissioner.

In one one of the largest class actions in Northern Ireland’s legal history, more than 80 litigants sued for breaches of privacy, negligence and personal injury.

Three test cases in the claims against the Interim Advocate and the Executive Office were listed for hearing in court on Wednesday.

But following discussions, senior counsel for the three people, who are all anonymous, confirmed that a resolution had been reached.

David Ringland KC told the court: “In each case the action is settled for £30,000 in damages.”

Mr Justice Colton praised both sides for reaching the outcome.

‘This shouldn’t have happened’

Margaret McGuckin. She has light blonde hair and wearing a light blue coat and smiling at the camera

Victims campaigner Margaret McGuckin attended the hearing to support the three plaintiffs

Outside court, a solicitor representing the group said they had been fully vindicated in taking the cases.

Claire McKeegan of Phoenix Law said: “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, said they were in tears of delight at the settlements.

Ms McGuckin, who spearheads the group Survivors and Victims of Institutional Abuse (SAVIA), insisted all remaining cases in the class action should be entitled to the same level of damages.

“They have more self worth than any sum that was offered,” she said.

“This shouldn’t have happened, they have been let down all their lives and suffered the same pain.”

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