Settlements paid to historical institutional abuse survivors whose details were leaked in a “deeply traumatic” data breach could lead to further payouts of millions of pounds to others caught up in the scandal.
Three people whose personal details were among those of around 250 survivors mistakenly included in a newsletter circulated in an email in 2020 are to receive £30,000 in damages each, following settlements announced on Wednesday.
The trio had taken test cases that were due to be heard at the High Court as part of one of the largest class action lawsuits in the north’s legal history.
More than 80 people began legal proceedings over their details being included in the newsletter sent in May 2020 by the HIA Interim Advocate’s Office, the body set up to champion the cause of survivors of historic institutional abuse.
Some of those whose details were leaked had been part of the Historical Abuse Inquiry.
Following the “catastrophic” blunder - which was blamed on a “procedural error” - the email was immediately recalled and the incident reported to the Information Commissioner.
Those impacted received an apology from Interim Advocate Brendan McAllister, while financial payouts have been made in the years since to some of those whose details were leaked, including more than £100,000 in a settlement for over 40 impacted survivors in 2021.
However, the 81 litigants claiming for damages against the interim body and Stormont’s Executive Office for breaches of privacy, negligence and personal injury had refused previous offers of “paltry” compensation, and the three test cases - individuals granted anonymity - were due to be heard at the High Court on Wednesday.
Senior counsel for the trio confirmed a resolution has been reached in which the three will each receive a £30,000 settlement.
A spokesperson for institutional abuse survivors has said the remaining litigants should also now receive a similar sum.
This would mean payouts in the case could amount to over £2.4 million.
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Margaret McGuckin, who leads the Survivors and Victims of Institutional Abuse group, told The Irish News she was “overjoyed” that those who suffered due to the data breach could now receive compensation that reflects the trauma caused by the incident.
“Many of the survivors had not even told people they were close to about what they went through, but because of this, their private business was blasted out in this deeply traumatic way,” she said.
“These people, many of whom are elderly and vulnerable, were then forced to wait years and to go though the legal grinder to get a resolution after what had been a previous paltry offer of £1,500.
“I’m overjoyed at this outcome, and I want to see all those included in the case receive the same settlement for the pain, shame and humiliation this breach caused.”
Claire McKeegan of Phoenix Law, who is representing the survivors, said: “The victims and survivors were all affected in some way by this catastrophic breach, and it has taken four years to reach this very reasonable settlement in these test cases - that meant the further trauma of court, and that was unacceptable.”
The Executive Office has been contacted for comment.
