By Lewis Redding. Last Updated 11th September 2024. In this guide, we’ll look at how to find data breach solicitors. We’ll also look at some of the situations that could entitle you to make this kind of claim.
There are a number of reasons that an organisation might need to store or process your personal data. When they do so, they have a responsibility to keep it safe.
If they fail to do so, this could cause you harm. This guide will further explain the obligations of organisations that hold personal data relating to individuals (data subjects).
Read on for more information about claiming compensation for the harm caused by a data breach. Alternatively, you could get in touch with us today using our website or by calling the number at the top of this page. Our advisors can give you free legal advice, or even get you in touch with one of the lawyers from our panel.
What Is The Definition Of A Data Breach?
The Information Commissioner’s Office (ICO) is an independent authority set up to uphold information rights in the UK. According to their definition, a data breach is any accidental or deliberate breach of data security that has led to the loss, change, destruction, unauthorised access to, or disclosure of, personal data.
The UK General Data Protection Regulation (UK GDPR) sits alongside an updated version of the Data Protection Act 2018 to outline how data should be handled and protected. These pieces of legislation enacted the General Data Protection Regulations (GDPR) into UK law. A data breach could occur, causing you harm, if an organisation failed to adhere to this legislation.
In order to claim, it’s not enough for a data breach to have occurred. You need to show that it was caused by the positive wrongful conduct of the organisation that handled your data. You also need to show that it caused you harm.
Positive wrongful conduct means that something the organisation did (or failed to do) caused the data breach to occur. For example, if a data handler had not updated their security properly, a hacker could take advantage of this vulnerability and steal personal data.
This could lead to financial harm and mental health problems for you if your data was stolen. Data breach solicitors may be able to help you make a claim in this instance.
How Can Personal Data Be Breached?
Personal data could be breached in a variety of ways. They can happen accidentally, or as the result of a malicious action by a cybercriminal.
Data breaches also cover data that is stored both physically and digitally.
Some examples of actions that could cause a data breach include:
- An email containing personal data being sent to the incorrect recipient
- A hard drive containing personal data being left on public transport
- Personal data not being redacted when an information pack is sent out
- A computer showing a file containing personal data being left open and unlocked.
If you’ve had your personal data exposed in a way that caused you harm, you may be able to claim if it happened because of the organisation’s failings. Find out more about how data breach solicitors could help you make a claim by getting in touch with our team at the number above.
Can Data Breach Solicitors Help Me Claim Compensation?
If you’ve discovered your personal data has been breached, there are some steps you should take as well as finding data breach solicitors:
- You should be told about any breach that puts your rights and freedoms at risk without undue delay. If you’re not told about a breach but you think one has taken place, you can raise your concerns with the organisation directly.
- If you’re not satisfied with their response, you can raise your concern with the ICO for them to investigate. This should be done within 3 months of your last meaningful communication with them.
- At the same time, you could seek legal advice to make a claim. You don’t need to have contacted the ICO to do this.
The lawyers on our panel have experience working on these kinds of claims. They could also offer representation on a No Win No Fee basis.
Can Data Breach Solicitors Help Me Gather Evidence?
The data breach solicitors on our panel are experienced and have dealt with a wide range of claims. They have in-depth knowledge of the claims process and could guide you on what evidence could be the most helpful for your claim and help you gather it.
For example, if you seek compensation for distress after a personal data breach, they could arrange for you to undergo an independent medical assessment. Their diagnosis could be used as evidence to establish the extent of your injuries.
Furthermore, they can advise you on what evidence to collect when claiming for material damage. For example, if you have suffered a loss of earnings due to needing time off work to recover from the impact of a breach, you’d be advised to retain payslips to provide evidence.
Our advisors are available to talk 24/7 and could connect you with one of the data breach lawyers from our panel to help you claim. They can also answer any other questions you may have on data breach claims.
How Much Compensation Can You Get For A Data Protection Breach?
When you make a claim for compensation for a data breach, you could receive material and non-material damages. Non-material damages cover any emotional or psychological impact that the breach has had on you.
These figures are taken from the Judicial College Guidelines. This is a publication that is used to help value compensation in personal injury cases. Since the case of Gulati vs MGN [2015], it’s also able to be used when valuing data breach claims.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Psychiatric Harm | Severe | £51,460 to £108,620 | This could include psychiatric issues that resulted in marked problems coping with life, and a negative effect on relationships. The prognosis will be poor. |
| Psychiatric Harm | Moderately Severe | £17,900 to £51,460 | This could include psychiatric issues similar to the previous bracket but with a more optimistic prognosis. |
| Psychiatric Harm | Moderate | £5,500 to £17,900 | This could include psychiatric issues similar to above but with a marked improvement and a prognosis for continued progress. |
| Psychiatric Harm | Less Severe | £1,440 to £5,500 | Awards in this bracket will be judged upon the length of time the issues have occurred and the extent to which daily activities and sleep were affected. |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £56,180 to £94,470 | This could include PTSD that has severe side-effects such as an inability to function at the same level they did before the trauma occurred. |
| Post-Traumatic Stress Disorder (PTSD) | Moderately Severe | £21,730 to £56,180 | This could include PTSD similar to the above but with a better prognosis for recovery. Despite some recovery, symptoms will be disabling for the foreseeable future. |
| Post-Traumatic Stress Disorder (PTSD) | Moderate | £7,680 to £21,730 | This could include PTSD that has largely been recovered from and lasting effects will not be considerably disabling. |
| Post-Traumatic Stress Disorder (PTSD) | Less Severe | £3,710 to £7,680 | This could include PTSD cases where a full recovery has been made within 1-2 years and only minor symptoms will persist longer than this. |
You can also receive material damages as part of your claim. This is compensation that covers you for any financial impact the breach has had on you. For example, you may have lost money if your bank details were exposed in a breach; you could claim this back as material damages. You’re also able to claim non-material damages even if you weren’t financially affected by the breach.
How To Find No Win No Fee Data Breach Solicitors
If you’ve suffered financially as a result of a data breach, you may be wary about paying solicitor fees to fund legal representation for your claim. A No Win No Fee agreement could be beneficial to you if so.
When data breach solicitors offer their services on a No Win No Fee basis, this means they will not ask you for any upfront or ongoing fees for their work. In fact, if your claim does not succeed, they will not ask you to pay for their work at all.
On the other hand, your solicitor will deduct a success fee from your compensation amount if your claim is successful. Before taking on your case, a solicitor will let you know how much they will deduct so that there won’t be any surprises at the culmination of your claim. It will also only be taken once your compensation is fully paid. The success fee is legally capped, meaning you will always be likely to keep the majority of your compensation.
Learn More About Working With Data Breach Solicitors
Thank you for reading our guide on how to find data breach solicitors. We hope you found it helpful. See below for more relevant links.
Post Traumatic Stress Disorder – An NHS guide on PTSD and how you might be able to tell if you’re suffering from it.
Find an NHS Psychological Therapy Service – A page to find therapy services that could help you with any psychological issues.
Make a Complaint – The ICO page for filing an official complaint about an organisation that has misused your data.
Check out more of our guides below:
- Data breach compensation
- Can I claim GDPR compensation for distress?
- How to claim compensation for a data breach
- What is a data breach?
- What should I do if my data is breached?
Thank you for reading our guide on how to find data breach solicitors.