If your personal data has been breached due to an organisation’s failings, and due to this you have suffered, you may be able to make a data breach compensation claim. In this guide, we discuss the steps you could take should your personal data be involved in a Capita data breach and the compensation you could be awarded for a successful claim.
This guide discusses the data protection laws organisations must follow when processing our information. We provide information on when and how to claim compensation for a data breach, particularly with the help of our panel of data breach solicitors.
If you’d like to check your eligibility to make a claim, you can get a free case check today by:
- Calling 020 8050 3051
- Using our live chat messaging service.
- Contacting us online for a callback.
Browse Our Guide
- What Are The Capita Data Breaches And How Could You Be Impacted?
- How Data Breach Claims UK Can Help You
- Capita Data Breach – What Compensation Could You Receive?
- Can I Make A Capita Data Breach Compensation Claim?
- Evidence That Could Help You Claim Data Breach Compensation
- Claim Capita Data Breach Compensation On A No Win No Fee Basis
- Learn More About Making A Data Breach Compensation Claim
What Are The Capita Data Breaches And How Could You Be Impacted?
Capita is an outsourcing group that holds personal data, including special category data. This is personal data that needs extra protection as the information is ‘sensitive’.
They are also a data processor, meaning that they process and maintain personal data on behalf of other companies.
Recently, Capita suffered two significant data breaches, both of which have affected significant numbers of people and have been reported widely in the news. Let’s take a look in more detail.
March 2023
In March 2023, Capita suffered a cyber security attack that impacted over 90 companies that use its services. Capita’s roles for these companies include administering their pension funds. Information that may have been impacted in the breach includes names, national insurance numbers, and membership numbers.
The organisations that have been affected by this breach include:
- The NHS
- Royal Mail
- Axa
- The USS (University Superannuation Scheme)
The types of data involved is said to include titles, initials, names, dates of birth and National Insurance numbers.
Investigations are underway to try and ascertain the full extent of the data breach. However, this wasn’t the only incident Capita suffered in 2023.
Source: https://www.bbc.co.uk/news/technology-65746518
May 2023
In May, Capita left unsecured data online that was accessible by the public. This included benefits data which could be of a highly sensitive nature.
The Information Commissioner’s Office (ICO) released a statement regarding these two data breaches. The independent watchdog has encouraged people who use Capita to check to see if their personal data was affected. You can do this by getting in touch with your employer if they’ve not already contacted you. They can confirm if you’ve been impacted or not.
How Do You Know If You’ve Been Impacted By A Capita Data Breach?
If your personal data has been affected, the organisation must inform you via letter or email within 72 hours of the breach coming to light if they think your rights or freedom may be affected. You could also reach out to the company to confirm whether your personal data has been impacted if you have your own suspicions.
If you have evidence that your personal data has been breached, you can contact our advisors for free advice. They could also help with any questions about the potential steps you could take following the Capita data breach and the compensation payouts that could be awarded in successful claims.
How Data Breach Claims UK Can Help You
Here at Data Breach Claims UK, we work with some of the best data breach solicitors in the country. This is a specialist area of law and it requires unique knowledge and understanding of the claims process. Possessing this expertise is what helps us stand out from our competitors.
We offer a free eligibility check to everyone who contacts us. In this consultation we can advise you on your legal rights and options without rushing you into a decision.
As we explain in more detail below, we can represent you on a No Win No Fee basis, meaning you only pay us if your case ends with you getting compensation.
So far we’ve helped hundreds of people find quality legal representation in relation to the Capita data breach and we can help you too.
If you’d like to speak with us now about the Capita data breach and compensation claims, please get in touch.
Capita Data Breach – What Compensation Could You Receive?
If you meet the relevant eligibility requirements to make a personal data breach compensation claim, outlined below, you could be awarded compensation for up to two heads of claim—material damage and non-material damage.
Non-material damage refers to the psychosocial harm you have sustained due to your personal data being breached. Material damage relates to the financial consequences of the breach, such as damage to your credit rating.
It’s possible to gain insights into the compensation you could receive for the psychological impact of a breach. The Judicial College Guidelines (JCG) is a document a legal professional may use when valuing your claim. It provides guideline compensation amounts for different types of injuries, including psychological ones. For the table below, we have used some of the amounts listed in the 16th edition of this publication.
Compensation Guidelines
Below, you can find potential compensation figures as set out in the Guidelines of the Judicial College. Remember, these are just guideline figures and final settlements may vary.
| Injury | Compensation Guidelines | Notes |
|---|---|---|
| Severe Psychological Harm | £54,830 to £115,730 | The claimant will have problems with future vulnerability and their working and daily life. |
| Moderately Severe Psychological Harm | £19,070 to £54,830 | Serious problems with the issues listed above, but the prognosis is more optimistic. |
| Moderate Psychological Harm | £5,860 to £19,070 | While the claimant suffered with various issues, a marked improvement will have been made. |
| Less Severe Psychological Harm | £1,540 to £5,860 | Affected sleep and impacted daily activities will be taken into account when awarding compensation. |
| Severe Anxiety Disorder | £59,860 to £100,670 | The claimant will suffer with permanent issues that will prevent them from working the same as pre-trauma. |
| Moderately Severe Anxiety Disorder | £23,150 to £59,860 | Some recovery is possible with professional help. However, they are still likely to suffer with a serious disability for the foreseeable future. |
| Moderate Anxiety Disorder | £8,180 to £23,150 | A large recovery will have been made. Continuing effects (if any) won’t be grossly disabling. |
| Less Severe Anxiety Disorder | £3,950 to £8,180 | Within 1-2 years a virtually full recovery will have been made. |
Claiming Material Loss After A Capita Breach
As mentioned above, material damage refers to the financial losses you have experienced due to your personal data being breached. For example, if your credit card information was exposed during a bank data breach, this could result in unknown charges being made to your credit card, and this could also affect your credit score.
If you make a successful data breach claim, you could be awarded compensation for your material damage.
For a free valuation of your potential claim, or to learn when you could potentially make a claim for a Capita data breach, and the compensation you could be awarded, you can contact our team of advisors.
Can I Make A Capita Data Breach Compensation Claim?
Personal data is any information that could directly identify you, or in combination with other information, such as your name or home address, could identify you.
Any organisation that processes the personal data of UK residents must adhere to the rules and regulations found in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Together, these make up the country’s data protection laws.
If an organisation fails to comply with data protection laws, this could result in a personal data breach. A personal data breach is a security incident that affects the integrity, availability or confidentiality of your personal data.
To make a data breach claim, you must meet the following criteria:
- The organisation’s failings caused the data breach.
- Your personal data must have been involved in the breach.
- Due to your personal data being breached, you suffered financial or mental harm.
For more information on the steps you could take should your personal data be involved in a Capita data breach and the compensation you could be awarded for a successful claim, you can contact our advisors.
Evidence That Could Help You Claim Data Breach Compensation
You may be wondering, ‘What should I do if my data is breached?’ If one option you want to pursue is legal action, then there is certain evidence you could collect and steps you could take to help support your case. These include:
- You may have been informed by the organisation via a letter or email that your personal data was breached. This could be used as evidence in your claim.
- You could report a data breach to the ICO. They may decide to investigate, and their findings could help support your claim. However, you must make this report within 3 months of your last meaningful communication with the organisation responsible for the breach.
- A copy of any letters from your doctor or hospital detailing the psychological impact the breach has had on you.
- A copy of your bank and credit card statements showing any fraudulent activity could be used to help support your claim.
To find out more about the potential steps you could take should your personal data be involved in a Capita data breach and the compensation you could be awarded for a successful claim, you can contact our advisors.
Claim Capita Data Breach Compensation On A No Win No Fee Basis
If you have a valid claim, one of the data breach solicitors on our panel may be able to help you with your case.
Furthermore, one of the solicitors on our panel may offer to represent you on a No Win No Fee basis. Under this particular arrangement, your solicitor won’t ask you to pay anything upfront for their services or during the process of your claim. Additionally, you will also not be asked to pay for the work they have provided on your case should it be unsuccessful.
Alternatively, should your claim succeed, you will be required to pay your solicitor a success fee. This fee is a legally limited percentage of your compensation settlement.
If you have evidence that your personal data was compromised in a Capita data breach, a compensation claim could potentially be made. Contact our advisors for more information by:
- Calling 020 8050 3051
- Using our live chat messaging service.
- Contacting us online.
Learn More About Making A Data Breach Compensation Claim
Additional guides by us regarding personal data breach claims:
- More information regarding what types of incidents could lead you to claiming personal data breach compensation.
- Some tips for making a customer data breach claim.
Further resources:
- Information Commissioner’s Office (ICO) – UK GDPR data breach reporting.
- Gov.UK – Find out what data an organisation has about you.
- National Cyber Security Centre (NCSC) – Phishing: spot and report scam emails, texts, websites and calls.
For further information on the steps you could take should your personal data be involved in a Capita data breach and the compensation you could be awarded for a successful claim, you can contact our advisors.
