Data Breach Law
£70 million in compensation
Data Breach Law
How To Claim Data Breach Compensation
A personal data breach is an incident of security that leads to the accidental or unlawful alteration, destruction, loss, unauthorised disclosure of, or access to, personal data. This can be a very worrying and distressing experience. If you have been notified of a data breach, you will no doubt be wondering how to claim data breach compensation.
This guide aims to address those concerns. We’ll set out the eligibility criteria to begin a data breach claim against the organisation responsible for the data breach. This could be against the data controller, the organisation that decides why and how your data will be processed. Alternatively, if the data controller has contracted the processing to an external organisation, a data processor, you could claim against the processor instead.
We have included some possible examples of data breaches to help explain how such incidents could occur. You will also see information on how compensation figures in successful data breach claims are reached, with a compensation table for your reference. Our final section explains how you could benefit from working with our highly experienced data breach solicitors for your claim under a specific type of No Win No Fee contract.
To ask any questions that may arise when reading our guide or to find out if you could be eligible to start a claim, talk to our advisory team today. You can reach an advisor 24 hours a day using the contact information provided here:
- Call the team on 0151 375 9916.
- Contact us through our online form.
- Use our live chat window on this page.
Established, Experienced, Dependable, Responsive and Committed
Can You Claim Data Breach Compensation?
As we said in the introduction, a data breach claim can be made either against a data controller or processor. These organisations have legal obligations to protect your personal data under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.
You could very well be eligible to claim data breach compensation if your personal data has been compromised. Personal data is information that can be used to identify a living individual, either directly or indirectly. Examples include names and contact information, addresses and your bank and credit card details. The UK GDPR also defines a special category of personal data that is more sensitive and, therefore, requires greater protection. Special category data can include information regarding your health, political views and racial and ethnic origin.
In order to begin a data breach claim, you will need to show that the data controller or processor engaged in some wrongful conduct that breached their obligations under data protection law. You will also need to prove this breach resulted in your personal data being compromised and that you suffered a financial loss, psychological distress or both as a result of this.
Talk to our advisors today to find out if you could be eligible to receive a data breach compensation payout. Our team can address any questions you might have and walk you through the claims process. You can reach an advisor at any time using the contact information provided above.
What Types Of Incidents Could Lead To A Data Breach Claim?
A data breach could occur in many different circumstances. We’ve provided a few possible scenarios, but of course, we cannot cover every circumstance here. So, if you do not see your particular circumstances listed, don’t worry, you could still be eligible to claim and should speak to advisors to find out more.
Scenarios where you could be eligible to claim data breach compensation include:
- Your employer failed to lock away physical copies of HR documents in the office. These documents were subsequently lost and other employees were able to access your HR information relating to bullying in the workplace. This caused you considerable distress.
- A county court sent a letter concerning your rent arrears to the wrong address. The case was subsequently escalated to the High Court, meaning you were liable for a much higher sum than you otherwise would have had to pay.
- Your pension provider failed to adequately train their IT staff in data protection procedures. As a result of this, when their pension provider came under cyber attack, a large number of customer login credentials were stolen. Money was subsequently taken from your pension fund.
To get a free assessment of your eligibility to claim data protection breach compensation, or to ask any questions you may have, get in touch with our advisors today. The team is available 24 hours a day using the contact information provided above.
What Is The Information Commissioner’s Office?
The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold information rights. They have broad ranging powers to conduct investigations into organisations for not abiding by data protection legislation. If they find that data controllers or processors have failed to uphold the standards of the UK GDPR and DPA, they can issue reprimands or even fines to those organisations.
It is not a legal requirement that you first report a data breach or suspected data breach to the ICO before making a claim, and the ICO may decide to open an investigation themselves. Nevertheless, if an investigation is conducted, the findings can be useful evidence in your claim.
You can learn more about the ICO’s work and read about the remedial action they have taken on their website. To check if you are eligible to claim data breach compensation, speak to our advisors today.
Can I Check If I've Been Involved In A Data Breach?
If a data breach has occurred that puts the information rights of data subjects at risk, then the affected data subjects should be notified by the controller without delay. This is called a data breach notification letter and may be done by written letter or email. If the data breach meets the threshold for reporting, the ICO should be notified within 72 hours.
You should contact the organisation directly if you have concerns about how your data is being handled or you suspect your data may have been affected by a data breach. If you get no meaningful response or are ignored completely, you can then make a complaint to the ICO. As we said above, any findings from the ICO investigation can be used as evidence in your claim. To discuss the data breach claims process further, or to learn more about how you can check if you’ve been involved in a data breach, call the number below today.
How Much Data Breach Compensation Could I Receive?
If your claim is a success, you will receive a data breach compensation award. This award could be for up to two types of damage. Material damage refers to the monetary losses associated with a personal data breach, we will cover this later in the section. Non-material damage means the psychological distress caused by having your data exposed.
One of the many tasks that our solicitors could support you with is calculating a possible compensation figure for your claim. Those assigned this task can refer to relevant medical evidence in conjunction with the guidelines from the Judicial College (JCG). This detailed publication lists guideline compensation figures for various injuries.
We have used the JCG figures for psychological harm in the table below. The first entry is not a JCG bracket, this is a potential total compensation figure for both types of damage. Please be advised that all data breach claims are valued individually. As such, the figures below are not a guarantee of what you will receive should your claim succeed.
Compensation Table
This table has been included to act as guidance only.
| Injury Type | Injury Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 | A very poor prognosis and severe impacts on the injured person’s work, personal relationships and social life. |
| Moderately Severe (b) | £23,270 to £66,920 | A more positive prognosis but significant problems across multiple areas will be present. | |
| Moderate (c) | £7,150 to £23,270 | The injured person will have undergone a significant improvement in their condition and the prognosis will be good. | |
| Less Severe (d) | £1,880 to £7,150 | This bracket considers the length of the disability period, and the impact on sleep and daily activity. | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 | Permanent effects across all aspects of life that prevent anything resembling the pre trauma level of functioning. |
| Moderately Severe (b) | £28,250 to £73,050 | Despite some recovery with professional help, the injured person will be experiencing significant disability for a prolonged period. | |
| Moderate (c) | £9,980 to £28,250 | The injured person will have mostly recovered and not be experiencing any gross disablement. | |
| Less Severe (d) | £4,820 to £9,980 | A virtual fully recovery within a year or two, with only minor persisting symptoms. |
Material Damage In Data Breach Compensation Claims
As we mentioned briefly above, material damage refers to financial losses. Material damage is, therefore a very broad category, but we have provided some costs you could be reimbursed for as part of your compensation here:
- You could claim for a loss of earnings due to time taken off work to recover from psychological injury.
- If your address has been exposed you may need to relocate or acquire home security measures. You could claim for the costs associated with this.
- Unauthorised persons gaining access to your bank or pension login credentials could result in money being stolen or unauthorised purchases being made in your name.
There are other examples of material damage that could occur during a personal data breach. This section is not intended to be exhaustive, rather provide guidance on how data breach claims are valued. To get a more personalised estimate of the compensation you could be entitled to, speak to our advisor
How Can We Help You Claim Compensation For A Data Breach?
You can contact our advisors using the details provided below. As well as offering further guidance on the data breach claim process, our team can assess your eligibility free of charge. If your potential claim is deemed valid, our advisors could connect you with one of our expert data breach solicitors.
Our solicitors can provide their services under a No Win No Fee contract called a Conditional Fee Agreement (CFA). When you instruct a solicitor to represent you under a CFA you will benefit from distinct features of this type of contract, including:
- In most cases there are no fees to pay for the solicitor to commence work on your claim.
- You will also not pay fees for that work as your claim progresses.
- Finally, if your claim fails, there is no fee to pay for the solicitor’s services.
Should your claim be successful, you will receive a data breach compensation payout. A percentage of this compensation will be taken as the solicitor’s success fee. Since success fees are subject to a legally binding cap, you will get to keep the majority of any compensation award you receive.
For free legal advice or to get an assessment of your eligibility to start a claim, talk to our advisors today. Our team is available at any time using the contact information given here:
- Call the team on 0151 375 9916.
- Contact us through our online form.
- Use our live chat window on this page.
More Resources Related To Data Breach Claims
included these external resources that you may find helpful:
- You can get help with stress through the NHS website.
- Read this guidance on using smart devices safely from the National Cyber Security Centre.
- Read the guidance on finding out what data an organisation has on you on this Government page.
Thank you for reading our guide to making a data breach compensation claim. Talk to our friendly and dedicated advisory team for more information about claiming for a personal data breach. The team can also assess the validity of your potential claim free of charge. Talk to us today using the contact information provided above.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Our Latest Customer Reviews
AS SEEN ON
Contact Us
With data breach law developing quickly and more breaches happening each day, this area of law can be something of a quagmire to navigate through. That’s why it always helps to have a specialist on your side to help pull you out of the mud.
That’s the role we serve—to provide you with the expertise you need to get normality back in your life and to fix any financial or mental damage that’s been caused.
To learn more about how we can help you, please get in touch.
